2020 Findings on the Worst Forms of Child Labor: Azerbaijan

 
Minimal Advancement – Efforts Made but Continued Law that Delayed Advancement

In 2020, Azerbaijan made minimal advancement in efforts to eliminate the worst forms of child labor. The government approved the National Action Plan on Combating Trafficking in Human Beings (2020–2024) and drafted criteria for resuming risk-based routine labor inspections on occupational safety and health. However, despite new initiatives to address child labor, Azerbaijan is assessed as having made only minimal advancement because it continued to implement a law that delays advancement in eliminating the worst forms of child labor. In 2017, the government extended a moratorium on labor inspections, including worksite inspections, until 2021. On March 9, 2021, this moratorium was extended again, through January 1, 2022. While inspectors can conduct desk reviews in response to complaints, the lack of proactive or onsite inspection mechanisms may leave potential violations of child labor laws undetected in workplaces. Children in Azerbaijan are subjected to the worst forms of child labor, including in commercial sexual exploitation and forced begging. Children also engage in child labor in agriculture. Coordinating bodies, including the State Committee on Family, Women and Children's Affairs, lack the capacity to effectively carry out their mandates. In addition, police typically treat children begging or engaging in street work as a family issue, rather than screening for indicators of forced begging. As a result, cases may not be properly referred for criminal investigation and prosecution.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Azerbaijan are subjected to the worst forms of child labor, including in commercial sexual exploitation and forced begging. Children also engage in child labor in agriculture. (1-9) Table 1 provides key indicators on children’s work and education in Azerbaijan.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

4.5 (70,034)

Working children by sector

5 to 14

 

Agriculture

 

91.9

Industry

 

0.8

Services

 

7.2

Attending School (%)

6 to 14

94.3

Combining Work and School (%)

7 to 14

4.9

Primary Completion Rate (%)

 

100.4

Source for primary completion rate: Data from 2019, published by UNESCO Institute for Statistics, 2021. (10)
Source for all other data: International Labor Organization's analysis of statistics from the Child Labor Survey (SIMPOC), 2005. (11)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Farming, including harvesting potatoes and production of cotton, tea, and tobacco† (1,3-7,12,13)

Services

Street work, including begging, vending, carrying luggage, and gathering scrap metal (1,8,13-15)

 

Washing and repairing cars (16-18)

 

Catering, activities unknown (1,16,18)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (1-3,8)

 

Forced begging (1-3,7,8)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Child labor in Azerbaijan occurs in the agriculture sector; however, there are limited data available to indicate how many children are currently engaged in child labor in this or other sectors. (3,6,7,19) Although the prevalence of child labor in cotton harvesting is unknown, there were reports in 2018 and 2019 that children under age 15 worked picking cotton to augment family incomes. (3,20,21) Survey research conducted in 2019 by the State Committee for Family, Women and Child Affairs in three cities and five districts found that children under age 17 work in the household or in family businesses. Respondents reported that children who work outside the home do so to financially support their families. (22)

Crop production in Azerbaijan is governed by a "priority" system that conditions agricultural subsidies, services, and access to public resources, such as irrigation water, on whether farmers produce one or more crops that the government has designated as high priority. In 2020, priority crops included cotton, tobacco, sugar beets, hazelnuts, tomatoes, and other fruits and vegetables. (3) In some cases, regional and local government officials are held responsible for mobilizing sufficient labor to meet established production targets for one or more of these priority crops. (23-28) This system creates a risk that farmers and local officials may turn to exploitative labor practices, including child labor and forced labor, to ensure they are able to meet production targets for designated crops. (20,28)

Children in Azerbaijan are subjected to commercial sexual exploitation domestically. (1,2,8,9,29) Street children, some of whom become homeless after they are released from government-run care institutions, and children from marginalized communities are particularly vulnerable to human trafficking within Azerbaijan. (1,2,9,13,29,30) NGOs report that children who are forced to beg often show signs of sexual abuse. (31)

Although Article 5 of the Education Law guarantees free universal education, undocumented children and children with disabilities face difficulty accessing education. Children without identification documents are ineligible to enroll in school, which affects 35 to 40 percent of children referred annually to shelters for minors. (3) The court proceedings required to secure identification documents can take up to 2 or more years, during which time children cannot attend school. Although government-run shelters are able to provide interim individual education services while undocumented children await identification papers, NGO-run shelters lack the capacity to provide such services. (3) 67 percent of children with disabilities are not in school, facing barriers to education that include inaccessibility within the physical infrastructure of schools, lack of specialized training for teachers on inclusive education, and a general social stigma against individuals with disabilities. (19,32) Children from the Roma ethnic community also face barriers to education due to social stigma. In addition, children in some rural areas have low rates of school attendance. (1) Children not attending school are vulnerable to child labor.

Children's access to education in some regions was impeded in 2020 by the escalation of armed conflict between Azerbaijan and neighboring Armenia. The government reported that shelling in civilian areas near the conflict line, including in Tartar and Aghdam districts, damaged local schools. (33,34) There were also reports of attacks, some involving cluster munitions, which destroyed homes and, in isolated incidents, wounded or killed children in districts near the contact line and in Ganja, Azerbaijan's second-largest city. (35,36)

II. Legal Framework for Child Labor

Azerbaijan has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Azerbaijan’s legal framework to adequately protect children from the worst forms of child labor, including the prohibition of commercial sexual exploitation of children.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

15

Article 42 and 249 of the Labor Code; Article 192 of the Code of Administrative Offenses (37,38)

Minimum Age for Hazardous Work

Yes

18

Article 250 of the Labor Code; Article 192 of the Code of Administrative Offenses (37,38)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Articles 98, 250–252, and 254 of the Labor Code; Decree 58 of the Cabinet of Ministers in 2000; Article 9 of the Law on the Rights of the Child (37,39,40)

Prohibition of Forced Labor

Yes

 

Article 35 of the Constitution; Article 144-2 of the Criminal Code (41,42)

Prohibition of Child Trafficking

Yes

 

The Law on Trafficking in Persons; Article 144-1 of the Criminal Code (42,43)

Prohibition of Commercial Sexual Exploitation of Children

No

 

Articles 144-1 and 171 of the Criminal Code (42)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 28 of the Law on the Rights of the Child; Article 170 of the Criminal Code (40,42)

Minimum Age for Voluntary State Military Recruitment

Yes

19

Article 36 of the Law on Military Obligation and Military Service (44)

Prohibition of Compulsory Recruitment of Children by (State) Military

Yes

 

Articles 2–3, and 12 of the Law on Military Obligation and Military Service (44)

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Article 116 of the Criminal Code (42)

Compulsory Education Age

Yes

15‡

Article 19 of the Law on Education; Article 13 of the Law on General Education (45,46)

Free Public Education

Yes

 

Article 5 and 19 of the Law on Education; Article 13 of the Law on General Education; Article 22 of the Law on the Rights of the Child; Article 42 of the Constitution(40,41,45,46)

The laws criminalizing commercial sexual exploitation of children are insufficient because the crime of involving a child in prostitution established by Criminal Code Article 171 does not criminalize the users (clients) of prostitution involving children. Similarly, the criminalization of involvement of a child in "immoral actions" does not clearly criminalize the use or offering of a child for the production of pornography or pornographic performances. (42)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, the absence of worksite inspections conducted at the national level in Azerbaijan may impede the enforcement of child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor and Social Protection of Population (MLSPP)

Enforces labor laws related to the worst forms of child labor through the State Labor Inspection Service. (1,47)

Ministry of Internal Affairs (MOIA)

Functions as the central executive agency responsible for public security and the prevention of criminal offenses, including child trafficking and begging. (1,47) Through the Anti-Trafficking Division, enforces human trafficking laws, investigates human trafficking violations, and enforces criminal laws related to the use of children in illicit activities. (1,8) Refers children who are victims of human trafficking to social services for assistance with school enrollment, participation in recreational activities, and procurement of proper documentation. (1)

National Referral Mechanism for Trafficking in Persons

Refers victims of human trafficking to the relevant authorities to ensure the protection of their rights. (48,49) Refers human trafficking cases to the Anti-Trafficking Division for investigation. (1)

Sources report a lack of coordination between law enforcement agencies. (1-3)

Labor Law Enforcement

In 2020, the absence of worksite inspections conducted at the national level in Azerbaijan may have impeded the enforcement of child labor laws (Table 6).

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2019

2020

Labor Inspectorate Funding

Unknown

Unknown

Number of Labor Inspectors

177 (50)

182 (19)

Inspectorate Authorized to Assess Penalties

Yes (51,52)

Yes (51,52)

Initial Training for New Labor Inspectors

Yes (7)

Unknown

Training on New Laws Related to Child Labor

N/A

N/A

Refresher Courses Provided

Yes (7)

No (53)

Number of Labor Inspections Conducted

0 (51,52)

0 (19,22)

Number Conducted at Worksite

0 (51,52)

0 (19,22)

Number of Child Labor Violations Found

9 (7)

3 (53)

Number of Child Labor Violations for Which Penalties Were Imposed

9 (7)

3 (53)

Number of Child Labor Penalties Imposed that Were Collected

Unknown

3 (53)

Routine Inspections Conducted

No (51,52)

No (51,53)

Routine Inspections Targeted

No (51,52)

No (19,51)

Unannounced Inspections Permitted

No (51,52)

No (51,53,54)

Unannounced Inspections Conducted

No (51,52)

No (19,53)

Complaint Mechanism Exists

Yes (17,51,52)

Yes (17,19,51,52)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (47)

Yes (15,19)

The government suspended all routine and unannounced labor inspections in 2016 as part of a broader anti-corruption drive. In 2017, this moratorium was extended until 2021 as part of an effort to stimulate small and medium business growth, and remained in force during the reporting period. (1,17,22,51,55) In March 2021, the government extended this moratorium for another year, through January 1, 2022. (53,54) Although the State Labor Inspection Service (SLIS) is still able to receive and respond to complaints, this response cannot include onsite inspections. Instead, the SLIS investigates complaints by requesting information from the employer in question and, if necessary, relevant employees. (51-55) Based on information received, inspectors are empowered to identify violations and impose appropriate penalties. The SLIS can impose penalties directly against individuals but must refer cases to the courts to levy penalties against corporate entities. (51) The SLIS is also able to detect potential minimum age violations by monitoring an electronic database of labor contracts, but did not have the authority to impose penalties related to violations detected in this manner during the reporting period. (51)

The government has also reported that the SLIS is required to establish assessment criteria for determining a risk-based routine inspection plan before routine inspections could resume. (22) In 2020, the SLIS worked with the International Finance Corporation to draft a set of criteria for determining occupational safety and health (OSH) risk, which is currently pending approval by the Cabinet of Ministers. (19,22) Approval of the draft criteria may permit the SLIS to resume limited labor inspections for OSH issues, including hazardous child labor. (22)

The number of labor inspectors is likely insufficient for the size of Azerbaijan's workforce, which includes more than 5 million workers. According to the ILO’s technical advice of a ratio approaching 1 inspector for every 20,000 workers in transition economies, Azerbaijan would employ about 256 labor inspectors. (56,57) Government officials also assess the number of inspectors as insufficient to fully enforce child labor laws in Azerbaijan. (58)

The SLIS detected three child labor violations during the reporting period, all involving children working under the minimum age. One child was working in catering, one in car repair, and one in transporting goods. (53) A penalty of $1,765 (3,000 manat) was imposed in each instance. (53)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in Azerbaijan took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including investigative planning.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2019

2020

Initial Training for New Criminal Investigators

Yes (7)

Yes (19)

Training on New Laws Related to the Worst Forms of Child Labor

N/A

N/A

Refresher Courses Provided

Yes (14,30)

Yes (31)

Number of Investigations

Unknown

2 (19,31,59)

Number of Violations Found

3 (3)

2 (19,31)

Number of Prosecutions Initiated

8 (3)

0 (19)

Number of Convictions

1 (3)

1 (19)

Imposed Penalties for Violations Related to the Worst Forms of Child Labor

Yes (3)

Yes (19)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (49)

Yes (31)

In 2020, the Ministry of Internal Affairs (MOIA) identified one forced labor case involving two minors. (31,59) Police also continued to investigate a forced child begging case opened in 2019. One case of forced child begging that a local NGO referred to law enforcement in 2018 concluded in 2020; the Baku Court on Grave Crimes sentenced the perpetrator to 8 years' imprisonment. (19) Although the government previously reported identifying one case of child commercial sexual exploitation in 2019 and five cases in 2018, the status of these cases is unknown. (3,30) The MOIA noted that some monitoring activities to detect the worst forms of child labor, especially commercial sexual exploitation of children, were partially suspended for portions of the reporting period due to the COVID-19 pandemic. (31)

During the reporting period, anti-trafficking police attended four trainings on victim identification. In addition, the Anti-Trafficking Division within MOIA conducted human trafficking training for new prosecutors in Baku and Nakhchivan, 150 police officers received training on preventing exploitation of vulnerable children, and the Ministry of Justice trained 20 judges on adjudication of human trafficking cases. (15,31)

Police typically treat children begging or engaging in street work as a family issue, rather than screening for indicators of forced begging. As a result, these situations are often referred to the Commission on Juvenile Issues and Protection of Minors' Rights for coordination of services, rather than to law enforcement agencies for investigation and, when warranted, criminal prosecution of forced begging cases. (1,30,49) In addition, research found that police declined to investigate the majority of forced begging cases referred to them and that children identified in child labor resumed work almost immediately after being identified by law enforcement officials. (3,58,60) Also, child labor law enforcement efforts are concentrated in Baku, with few investigations undertaken outside the capital. (29)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Commission on Juvenile Issues and Protection of Minors’ Rights

Coordinates policies at the national level to protect children from the worst forms of child labor. (3) Located within the Cabinet of Ministers and acts as a national-level version of district-level Commissions on Juvenile Issues and Protection of Minors' Rights, which are located in individual district Executive Commissions. (3) Research was unable to determine whether the national-level Commission on Juvenile Issues and Protection of Minors' Rights was active during the reporting period.

National Coordinator and Inter-Agency Commission to Combat Trafficking in Human Beings

Coordinates policies to counter trafficking in persons and oversees implementation of the National Action Plan to Combat Trafficking in Human Beings. Led by MOIA's Anti-Trafficking Division (ATD) and includes representatives from MLSPP, Prosecutor General's Office, State Border and Migration Services, Ministry of Youth and Sports, and other government entities. (3,31) This coordinating mechanism was active in 2020. In addition, IOM and local NGOs reported good communication with the ATD and government counter-trafficking mechanisms. (31)

State Committee on Family, Women, and Children's Affairs (SCFWCA)

Coordinates child-related policies, including research on child labor. Works with local governments, particularly district-level Executive Commissions, to coordinate policies related to children and gather data on the situation of children and families in rural areas. (3) In 2020, the SCFWCA approved a strategy for improving child protection that includes child labor prevention activities, including awareness raising and establishing a monitoring mechanism to identify children who may be vulnerable to the worst forms of child labor. The SCFWCA also provided workshops and trainings for vulnerable children and families affected by the COVID-19 pandemic and by escalating conflict between Azerbaijan and Armenia. (22,61)

Although Commissions on Juvenile Issues and Protection of Minors' Rights exist at both the national and local levels, research was unable to determine the relationship between these respective national and local coordinating bodies. (3) Reports also indicate that individual agencies do not understand their role in combating human trafficking or are unaware of how to coordinate effectively with other agencies, despite the existence of a national counter-trafficking coordination mechanism. (31) In addition, sources report that the efficacy of the State Committee on Family, Women, and Children's Affairs (SCFWCA) as a coordinating body is limited. (3,58) Although the SCFWCA is empowered to work with district-level Executive Committees to coordinate policy and research related to children, the body has limited capacity to do so. (3)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including covering all worst forms of child labor.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Action Plan on Combating Trafficking in Human Beings (2020–2024)†

Aims to further government efforts to combat human trafficking through enhanced coordination between relevant government agencies and improved protection for human trafficking victims. Includes action items to improve services for child trafficking victims, address forced child begging, and research and monitor forced labor and child trafficking risks. (62)

Strategy on Children of the Republic of Azerbaijan (2020–2030)†

Aims to improve child protection mechanisms and legislation. Through associated National Action Plan for implementation, includes action items on implementing international commitments under ILO Convention 182 and enhancing coordination to detect and prevent child labor and commercial sexual exploitation of children. (63,64)

State Program on Improvement of Official Statistics in the Republic of Azerbaijan (2018–2025)

Aims to improve and further develop the national statistics system. Includes an action item on developing a methodology for studying child labor and conducting survey research on the prevalence of child labor in Azerbaijan. (66) In 2020, the State Committee on Family, Women, and Child Affairs published an analysis of child labor data collected in 2019 using a pilot survey methodology. (14,22)

State Program for the Development of Inclusive Education for Children with Disabilities (2018–2024)

Aims to create inclusive education for children with disabilities. Currently piloting regional resource centers in nine regions to train teachers in inclusive methods. (3,47) In 2020, 630 children received services at community-based centers for children and families with special needs. (22)

† Policy was approved during the reporting period.
‡ The government has other policies that may have addressed child labor issues or had an impact on child labor. (22,65)

Although the government has adopted the National Action Plan to Combat Trafficking in Human Beings (2020–2024) and the Strategy on Children (2020–2030), research found no evidence of a policy on other relevant forms of child labor, including hazardous child labor in agriculture.

VI. Social Programs to Address Child Labor

In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including funding.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Decent Work Country Program (2016–2020)

Aimed to promote decent employment opportunities and improve social protection and labor administration mechanisms. Includes a focus on youth employment. (67) Research was unable to determine whether activities were undertaken to implement this program during the reporting period.

Social Shelter and Rehabilitation Center for Minors†

MLSPP-run shelter in Baku for vulnerable children, including street children. (3,47) In 2020, continued to operate and provided children with temporary accommodation and assistance accessing education and receiving identity documents. (22,61)

Victims Assistance Centers†

Provide direct social services and social services referrals to victims of human trafficking, including children. Funded by MLSPP. (51) In 2020, provided support to 32 victims. (31)

Targeted Social Assistance Program†

MLSPP-run program that provides cash transfers to families. (1) Continued to provide benefits in 2020, and expanded the number of enrolled families. (68) Limited reports suggest that informal administrative fees may prevent eligible families from accessing benefits. (20)

MOIA Identification Document Program†

Provides identification documents to undocumented minors who may be street children or victims of human trafficking. (58) This program continued to operate in 2020. (59)

† Program is funded by the Government of Azerbaijan.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (2,15,22,47)

In 2020, the Council on State Support to Non-Governmental Organizations allocated approximately $101,000 (172,000 manat) to NGO projects related to human trafficking prevention and victim assistance. The government also provided a land grant to a local NGO for construction of a new shelter for human trafficking victims. (31) However, the level of government support for these NGO-run shelters is inconsistent. (2) Directors of these shelters note that the unpredictable nature of funding prevents long-term planning and capacity building of shelters, including those that serve child victims. (2,31,65,69)

During the reporting period, the Ministry of Labor and Social Protection of Population provided services to 630 children and families with disabilities through community-based rehabilitation centers. The government reported that these community-based services are offered to families to prevent institutionalization of children. (22) The Ministry of Agriculture provided 15 trainings on child labor prevention to farmers in districts in which children are vulnerable to child labor, including the Saatli, Aghjabadi, Beylagan, Bilasuvar, Sabirabad, Neftchala, Kurdamir, Yevlakh, Hajigabul, Zardab, Samukh, Goranboy, Imishli, and Tartar districts. (70)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Azerbaijan (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that all working children are protected by law, including children working without a written employment agreement or outside of a formal employment relationship and children who are self-employed.

2011 – 2020

 

Criminally prohibit the use of children for prostitution and the use and offering of children for the production of pornography and pornographic performances.

2019 – 2020

Enforcement

Resume routine, targeted, and unannounced labor inspections, including in response to complaints, to ensure that child labor laws are enforced.

2016 – 2020

 

Increase the number of labor inspectors to meet the ILO's technical guidance.

2016 – 2020

 

Publish information on the labor inspectorate’s operations, including funding levels and training provided to labor inspectors.

2015 – 2020

 

Ensure that children identified by law enforcement as engaged in child labor are referred to social services centers or other services, as appropriate, so that they do not return to child labor.

2018 – 2020

 

Increase law enforcement investigations related to child labor outside Baku.

2018 – 2020

 

Screen for forced labor indicators in child begging situations, including those referred by NGOs, and as appropriate, investigate and prosecute forcing children to beg as a criminal offense.

2018 – 2020

Coordination

Increase coordination between law enforcement agencies to enforce child labor laws.

2018 – 2020

 

Ensure that all coordinating bodies are capacitated and able to carry out their intended mandates, including across different agencies and levels of government.

2016 – 2020

Government Policies

Adopt a policy that addresses all relevant worst forms of child labor, such as hazardous work in agriculture.

2016 – 2020

 

Revise policies on priority crops that mandate production targets to help prevent child labor in agriculture.

2019 – 2020

Social Programs

Collect and publish data on the extent and nature of child labor to inform policies and programs.

2013 – 2020

 

Ensure that children from marginalized groups and children with disabilities have equal access to education.

2016 – 2020

 

Ensure that undocumented children are able to access education.

2019 – 2020

 

Ensure that all eligible families are able to access benefits under social programs for vulnerable children and families.

2019 – 2020

 

Publish activities undertaken to implement social programs to address child labor during the reporting period.

2020

 

Ensure that NGO-run shelters for victims of human trafficking are sufficiently and consistently funded to provide adequate services to victims.

2015 – 2020

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