2021 Findings on the Worst Forms of Child Labor: Costa Rica

Significant Advancement

In 2021, Costa Rica made significant advancement in efforts to eliminate the worst forms of child labor. The National Statistics Institute published a new household survey that included a child labor component measuring labor rates for children between the ages of 12 and 17. Furthermore, the government drafted and enacted new national action plans to combat child labor and human trafficking. Costa Rica also drafted a law to address migrant smuggling in an effort to address human trafficking, and drafted modifications to its trafficking laws. Meanwhile, the Ministry of Labor implemented a new guide to assist businesses in confronting child labor. However, children in Costa Rica are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in child labor in agriculture, including in the production of coffee. Furthermore, the labor inspectorate lacks a sufficient number of inspectors.

 
I. Prevalence and Sectoral Distribution of Child Labor

Children in Costa Rica are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in child labor in agriculture, including in the production of coffee. (1-7) Table 1 provides key indicators on children’s work and education in Costa Rica.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

6.5 (46,509)

Attending School (%)

5 to 14

98.4

Combining Work and School (%)

7 to 14

7.0

Primary Completion Rate (%)

 

104.6

Source for primary completion rate: Data from 2020, published by UNESCO Institute for Statistics, 2022. (8)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 6 (MICS 6), 2018. (9)

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

Cultivating vegetables, roots, and tubers (5)

 

Picking coffee (2,10,11)

 

Cattle raising, including for the production of milk (2,5,11,12)

 

Fishing,† including shellfish extraction (11,13,14)

Industry

Construction, including of buildings (2,5,12,13)

 

Mining† gold (12)

 

Manufacturing, activities unknown (2,13)

Services

Working in restaurants, shops, and hotels (2,5,13)

 

Street vending,† car washing, and repairing motor vehicles (2,5,7,11,12)

 

Domestic work (2,5,7,12,13,15)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (14,16,17)

 

Use in the production of pornography (12,18)

 

Forced labor in the agriculture, construction, fishing, street vending, and commercial sectors (4,14,18,19)

 

Domestic servitude (14,20)

 

Use in transporting or selling drugs, sometimes as a result of human trafficking (17,21)

† 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.

Children in Costa Rica, including migrant children, are subjected to commercial sexual exploitation, particularly in tourist destinations, border areas, and in the Northern and Pacific coastal zones. Costa Rica is also a destination country for child sex tourism, particularly with tourists from Europe and the United States. (17,20,22) Migrant children, typically from Nicaragua and the Dominican Republic, are subjected to forced labor in agriculture, domestic servitude, and commercial sexual exploitation. (16,17,22)

In 2021, the National Statistics Institute published the 2021 National Household Survey, which included data on children between the ages of 12 and 17 and found that 1.3 percent of children within this age group were working. The last comprehensive child labor study that included all relevant age ranges was conducted in 2016. (21)

A third of children engaged in child labor in Costa Rica work in agriculture, with the highest incidences of child labor occurring in coastal regions, in provinces such as Limon, Puntarenas, and Guanacaste. Migrant, indigenous, and Afro-descendant children are at the greatest risk of labor exploitation. (23,24) Most of these children are between the ages of 15 and 17 and work primarily in the informal sector. (21)

Although preschool and general basic education are free and compulsory, children in rural areas, girls, LGBTQI+ youth, and children from indigenous and Afro-descendant communities face challenges, such as discrimination and gender stereotypes, in accessing and completing their education. (1,3,25) As a result of the COVID-19 pandemic, the government paused in-person and virtual instruction from May to July of 2021. Research found that the pandemic had a significant impact on equal access to education, with families living in poverty less likely to be able to benefit from remote education opportunities. (21,26)

II. Legal Framework for Child Labor

Costa Rica 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 Costa Rica’s legal framework to adequately protect children from the worst forms of child labor, including the prohibition of military recruitment by non-state armed groups.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

15

Articles 3, 78, 92, and 101 of the Childhood and Adolescence Code (25)

Minimum Age for Hazardous Work

Yes

18

Articles 1 and 5 of Law 8922; Article 87 of the Labor Code (27,28)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Article 94 of the Childhood and Adolescence Code; Article 5 of Law 8922; Article 88 of the Labor Code; Articles 5 and 6 of Regulation No. 36640 (25,27-29)

Prohibition of Forced Labor

Yes

 

Law No. 9545; Articles 20 and 56 of the Constitution; Article 8 of the Labor Code; Articles 7, 170–172, 189 bis, 192, 376, 381, 383, and 384 of the Penal Code; Article 84 of Regulation No. 36659; Article 7 of the Trafficking in Persons Law (28,30-33)

Prohibition of Child Trafficking

Yes

 

Law No. 9545; Articles 7, 171, 172, 189 bis, 192, 381, 383, and 384 of the Penal Code; Article 6 of Regulation No. 36659; Articles 5, 7, and 74 of the Trafficking in Persons Law (30-32)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 160, 168, and 170–174 of the Penal Code (30)

Prohibition of Using Children in Illicit Activities

Yes

 

Articles 7, 188, 381, and 390 of the Penal Code; Article 77 of the Narcotics Law (30,34)

Minimum Age for Voluntary State Military Recruitment

N/A†

   

Prohibition of Compulsory Recruitment of Children by (State) Military

N/A†

   

Prohibition of Military Recruitment by Non-state Armed Groups

No

   

Compulsory Education Age

Yes

17‡

Articles 57 and 59 of the Childhood and Adolescence Code; Article 78 of the Constitution (25,33)

Free Public Education

Yes

 

Article 59 of the Childhood and Adolescence Code; Article 8 of the Education Law; Article 78 of the Constitution (25,33,35)

† Country has no standing military. (33) 
‡ Age calculated based on available information. (25,33) 

In May of 2021, the National Coalition against Trafficking in Persons and Smuggling of Migrants (CONATT) approved a modification to the Penal Code that would remove the requirement of proof of force, fraud, or coercion for trafficking in persons cases in which the trafficker exploited a victim's vulnerability. However, in 2022, Costa Rica's human rights committee voted to archive the bill. (36,37) During the reporting period, CONATT also made modifications to a draft bill to confront the smuggling of migrants. The bill has yet to be sent to the National Assembly. (21,37,38)

Two bills drafted in 2019 to amend the country's comprehensive list of hazardous occupations had yet to be sent to the National Assembly, pending interagency commission review and Ministry of Labor approval. The draft bills would restrict the participation of minors in public presentations and shows, particularly routines that pose the risk of death, have content contrary to morality, are performed during restricted hours, or interfere with compulsory education. (14,21,39) The bills would also restrict some fishing activities. (14)

As Costa Rica's minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.

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, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor and Social Security (MTSS)

Monitors and enforces provisions in the Labor Code related to child labor, including conducting inspections and verification at worksites to ensure children are not engaged in hazardous labor or engaging in work that compromises a child's education. (25) Through the Office for the Eradication of Child Labor and Protection of the Adolescent Worker (OATIA), responds to and attempts to prevent child labor through policy development and public awareness campaigns. (40) Protects adolescent labor rights by conducting school and workplace visits, providing referrals to government services, and writing socio-labor studies and technical reports to inform policies and programs. (25)

Attorney General’s Office

Enforces criminal laws protecting children, including laws prohibiting forced child labor, human trafficking, commercial sexual exploitation of children, and the use of children in illicit activities. (7,12,41) Coordinates efforts with the Judicial Investigative Police, the Immigration Police, the Uniformed Police, and municipal police forces. Also coordinates with other government agencies (the National Child Welfare Agency, the Social Security System, the Ministries of Education and Health, the Civil Registry, and other agencies), as well as with non‐governmental organizations, international organizations, and diplomatic missions. (21)

Judicial Investigative Police

Investigate child labor violations, including child trafficking, child commercial sexual exploitation, and the use of children in illicit activities. (16)

National Child Welfare Agency (PANI)

Leads the coordination of government and civil society efforts in child and adolescent protection. (42) Ensures that child labor victims receive social services, including temporary shelter, legal advice, counseling, and reintegration into the educational system. (25)

Labor Law Enforcement

In 2021, labor law enforcement agencies in Costa Rica took actions to address child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor and Social Security (MTSS) that may hinder adequate labor law enforcement, including insufficient resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2020

2021

Labor Inspectorate Funding

$8,300,000 (14)

$8,500,000 (21)

Number of Labor Inspectors

123 (14)

117 (21)

Mechanism to Assess Civil Penalties

Yes (28)

Yes (28)

Initial Training for New Labor Inspectors

Yes (14)

Yes (21)

Training on New Laws Related to Child Labor

N/A

N/A

Refresher Courses Provided

Yes (14)

Yes (21)

Number of Labor Inspections Conducted

6,424 (43)

4,566 (21)

Number Conducted at Worksite

Unknown

Unknown

Number of Child Labor Violations Found

10 (14)

0 (21)

Number of Child Labor Violations for Which Penalties Were Imposed

Unknown

Unknown

Number of Child Labor Penalties Imposed that Were Collected

Unknown

Unknown

Routine Inspections Conducted

Yes (14)

Yes (21)

Routine Inspections Targeted

Yes (14)

Yes (21)

Unannounced Inspections Permitted

Yes (28)

Yes (28)

Unannounced Inspections Conducted

Yes (14)

Yes (21)

Complaint Mechanism Exists

Yes (14)

Yes (21)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (14)

Yes (21)

Labor inspectors identified 33 cases of minors working, though no cases involved children under the age of 15. Of the cases identified through inspection, inspectors cited eight illegal dismissals and two labor rights violations. (21) During the reporting period, the Office for the Eradication of Child Labor and Protection of the Adolescent Worker (OATIA) conducted two virtual trainings for Labor Inspection Office officials on the worst forms of child labor as well as trainings for inspectors with less than 4 years' experience on topics such as adolescent work, sexual exploitation of children, and trafficking in persons. (21) Overall, OATIA trained 1,285 public officials on child labor issues in 2021. (21)

In 2021, MTSS published the Responsible Business Practices Guide Against Child and Adolescent Labor in collaboration with the Costa Rica Business Network against Child Labor. The guide provides practical tools and specific actions businesses can implement to address child labor. (44,45)

Enforcement of child labor laws, particularly in rural areas and in the informal sector, is reportedly challenging due to insufficient funds for travel, facilities, and per diem costs incurred during inspections. (1,11,12,21,46) Informal work is more common in agriculture than in other sectors in Costa Rica. (2,21)

As the Labor Inspection Office has acknowledged, the number of labor inspectors is likely insufficient for the size of Costa Rica’s workforce, which includes more than 2.3 million workers. According to the ILO’s technical advice of a ratio approaching 1 inspector for every 15,000 workers in industrializing economies, Costa Rica would employ about 156 inspectors. (47)

The government did not provide information on the number of worksite inspections conducted or number of penalties imposed or collected for child labor violations for inclusion in this report.

Criminal Law Enforcement

In 2021, criminal law enforcement agencies in Costa Rica took actions to eliminate child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including insufficient training for criminal investigators.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2020

2021

Initial Training for New Criminal Investigators

Yes (14)

Yes (21)

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

Yes (14)

Yes (21)

Refresher Courses Provided

Yes (14)

Yes (21)

Number of Investigations

31 (14)

15 (21)

Number of Violations Found

12 (14)

15 (21)

Number of Prosecutions Initiated

4 (14)

5 (21)

Number of Convictions

2 (14)

2 (21)

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

Yes (14)

Yes (21)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (14)

Yes (21)

In 2021, the National Child Welfare Agency (PANI) reported processing one case of child labor exploitation and forced begging and one case of labor exploitation. Meanwhile, CONATT reported one case of labor exploitation and forced begging in which the child was trafficked by their parents and a case of a Nicaraguan child trafficked for labor exploitation. (21) PANI also reported investigating 385 cases of child commercial sexual exploitation that included cases of use of children in pornography and child trafficking. (21) In addition, the Attorney General's Office reported it had identified 15 victims of child trafficking in cases involving commercial sexual exploitation, forced begging, forced labor, and irregular adoption. It also identified one case of child pornography. (21) Through the Angel Watch Program, a joint operation with the U.S. Embassy in Costa Rita to combat child sex tourism, Costa Rican immigration authorities denied 75 U.S. citizen registered sex offenders entry into Costa Rica. (36)

Reports indicate that the judiciary, prosecutors, and the police require additional staff, training, and resources to identify victims of human trafficking and commercial sexual exploitation, refer victims to appropriate social services, and investigate, prosecute, and convict perpetrators. Due to the pandemic, the government issued significant budget cuts that further reduced resources for criminal law enforcement agencies. (16,19,21,44) In addition, a lack of training and resources for municipal-level authorities hampered the abilities of local governments to respond to cases that could involve the worst forms of child labor. (22) Costa Rica does not have a database to track human trafficking cases, making it difficult to target enforcement and prevention efforts. (19)

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 lack of sufficient resources to ensure coordination among relevant agencies.

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

Coordinating Body

Role & Description

MTSS Office for the Eradication of Child Labor and Protection of the Adolescent Worker (OATIA)

Coordinates government policies and programs to address child labor. (2) Oversees the Interinstitutional Coordinating Protocol for the Protection of Working Minors. (45) In 2021, OATIA led the process of reviewing and drafting a new National Strategic Plan against child labor, including holding workshops with various stakeholders. OATIA also worked to implement the second phase of the Child Labor Risk Identification Model, a tool developed in collaboration with the ILO that identifies areas at greater risk of child labor. (21) OATIA also piloted intervention strategies in the Limon province and in the Central Pacific region, such as opportunities for educational and employment access. (21)

National Committee for the Elimination of Child Labor and the Protection of Adolescent Work

Develops and promotes policy and program initiatives focused on eliminating child labor and regulating adolescent work. Overseen by OATIA and includes a technical secretariat that comprises representatives from various sectors. (46) In October of 2021, the committee approved the "Roadmap to make Costa Rica a Country Free of Child Labor and its Worst Forms 2021–2025," the new national action plan to address child labor. (48)

National Coalition against Migrant Smuggling and Trafficking in Persons (CONATT)

Leads government efforts to combat human trafficking and coordinates with OATIA and the National Commission Against the Commercial Sexual Exploitation of Children and Adolescents (CONACOES). (12) Coordinates anti-trafficking efforts among 22 public institutions, civil society organizations, and international organizations. Responsible for developing and implementing anti-trafficking policies, providing care to victims, prosecuting perpetrators, and providing training to government agencies. (22) During the reporting period, CONATT led efforts to draft and launch a new national action plan against human trafficking. (49)

National Commission Against the Commercial Sexual Exploitation of Children and Adolescents (CONACOES)

Prevents the commercial sexual exploitation of children and provides assistance and protection to victims. (12) Led by the National Council of Childhood and Adolescence; coordinates with OATIA and CONATT to address the worst forms of child labor. (12,50) Research was unable to determine whether the national commission was active during the reporting period.

Reports indicate that coordination is lacking between institutions responsible for investigating the worst forms of child labor and those providing social services to victims. (21) OATIA has reported that its office needs additional staff to better assist children engaged in child labor and their families. In addition, OATIA has noted that its office shares one vehicle with two other MTSS units, which limits its ability to provide oversight of child labor programs. (41)

V. Government Policies on Child Labor

The government has established policies that are consistent with relevant international standards on child labor (Table 9).

Table 9. Key Policies Related to Child Labor

Policy

Description

Roadmap against Child Labor and the Worst Forms of Child Labor (2022–2025)†

Approved in 2021 and launched in early 2022, aims to eradicate all forms of child labor in Costa Rica by 2025 in part by strengthening efforts to identify and track hazardous child labor, and by increasing social awareness of and collaborative efforts to address child labor. (21,51)

National Policy against Trafficking in Persons (2020–2030)†

Enacted in 2021, outlines goals and actions in the area of preventing and combating trafficking in persons and smuggling of migrants, as well as strengthening trafficking in persons investigations and sanctioning criminals. (49,52)

Interinstitutional Coordinating Protocol for the Protection of Working Minors

Outlines provision of services for child laborers through collaboration between MTSS, PANI, the Ministry of Public Education, and the Joint Institute of Social Assistance (IMAS), and their regional and local agencies and the private sector. (53) The government implemented the protocol during the reporting period, as demonstrated by referrals of child labor cases to various support agencies. (21)

National Plan for Development (2019–2022)

Outlines the government's objectives, priorities, and goals in the use of resources and in the implementation of policies, plans, and projects over a 4-year period. The plan incorporates labor rights, child welfare and development, and poverty reduction, and integrates child labor as an indicator for establishing decent work and reducing employment insecurity. (7,54) During the reporting period, the government initiated and published the results of a comprehensive verification study measuring the results of the plan, which showed the government had exceeded its labor related goals as of 2021. (55)

† Policy was approved during the reporting period.

VI. Social Programs to Address Child Labor

In 2021, the government funded and participated in programs that include the goal of eliminating child labor (Table 10). However, gaps exist in these social programs, including the accessibility of programs to all relevant groups.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Bridge to Development†

Aims to reduce poverty and eliminate vulnerability, including child labor, by providing social services to families in poor communities. (56,57) In 2021, the government indicated the program had thus far served 77,000 families since its inception, with 19,000 more families acquiring benefits in 2021 and an expected 110,000 more families in 2022. (58)

Face of Justice Shelter†

NGO-run shelter for child victims of human trafficking that provides PANI-funded monthly subsidies and care from full-time staff, including a trauma psychologist and health practitioner. (18,19) The shelters remained operational during the reporting period. (59)

Houses of Joy (Casas de la Alegría)

Public-private alliance that provides culturally sensitive daycare and meals to Ngäbe-Buglé, indigenous children whose parents work on coffee farms in Coto Brus. Aims to promote social inclusion and developmental opportunities for indigenous children and provide an alternative to child labor during the coffee harvest. (10,12,60,61) IMAS funds meals, caregiver salaries, and training; farm owners provide the land and classrooms, with financial contributions from UNICEF for building and teaching materials. (1,50,60) The program continued in 2021, with the government providing 25 children daycare services through an investment of $4,000. Eight additional "Casas de Alegria" were opened in the cantons of Coto Brus, Puntarenas, and Tarrazú, providing care to an additional 269 children. (21)

Let’s Get Ahead Program (Avancemos)

IMAS program that provides monthly conditional cash transfers to low-income families to keep children in school and out of exploitative work. (2,62) The government indicated it had provided cash transfers to at least 248,000 students in the beginning of 2021 and expected to offer services to an estimated 387,000 students over the course of the year. (63)

USDOL-Funded Projects

Youth Pathways to Leadership, Learning, and Livelihoods in Costa Rica, $3 million project implemented by Youth Build International. During the reporting period, the project distributed laptops and provided internet connectivity to project participants. (64,65) Promoting Apprenticeship as a Path for Youth Employment in Argentina, Costa Rica, and Kenya through Global Apprenticeships Network (GAN) National Networks, $3.3 million multi-country project that worked with employers, government agencies, civil society organizations, and other actors to promote apprenticeships and other types of work-based training opportunities for vulnerable youth; the project saw significant growth in membership in the beginning of 2021. (66,67) Implementing a Culture of Labor Compliance in Costa Rica's Agricultural Export Sector, $2 million project implemented by the Foundation for Peace and Democracy (FUNDAPEM); in 2021, the Ministry of Labor completed a roadmap for the implementation of a new digital system designed to improve labor inspectorate capacity, including collection of fines and administration of inspections. (68,69) Measurement, Awareness-Raising, and Policy Engagement (MAP 16) Project on Child Labor and Forced Labor, global project implemented by the ILO to conduct research and develop new survey methodologies, improve awareness, strengthen policies and government capacity, and promote partnerships to combat child labor and forced labor; in Costa Rica, supports the Regional Initiative Latin America and the Caribbean in its work to develop child labor risk maps and policy responses with the government and, during the reporting period, initiated the second phase of the Child Labor Risk Identification Model in Limon. (70,71) For additional information, please see our website.

† Program is funded by the Government of Costa Rica.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (72,73)

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 Costa Rica (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups.

2016 – 2021

 

Raise the minimum age for work to the age up to which education is compulsory.

2020 – 2021

Enforcement

Publish information on the number of inspections that were conducted at worksites, and of child labor violations for which penalties were imposed and collected.

2017 – 2021

 

Allocate sufficient resources to ensure routine labor inspections in rural areas and the informal sector, including child labor inspections, particularly in agriculture.

2015 – 2021

 

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

2015 – 2021

 

Ensure that the judiciary, prosecutors, municipal authorities, and the police have sufficient staff, training, and resources to investigate, prosecute, and convict perpetrators of human trafficking and commercial sexual exploitation of children, and identify victims of child trafficking and refer them to appropriate social services.

2017 – 2021

 

Develop a mechanism to properly track human trafficking cases to improve enforcement and prevention efforts.

2019 – 2021

Coordination

Ensure all coordinating bodies are active and able to carry out their intended mandates.

2021

 

Strengthen coordination and information sharing between institutions responsible for investigating child labor and providing social services to victims.

2015 – 2021

 

Increase transportation and human resources for the Office for the Eradication of Child Labor and Protection of the Adolescent Worker so that the office can improve program oversight.

2015 – 2021

Social Programs

Enhance efforts to eliminate barriers and make education accessible for all children, including children in rural areas, girls, LGBTQI+ youth, children from indigenous and Afro-descendant communities, and migrant children.

2015 – 2021

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