17th January, 2014 - Right To Education Pakistan

NEPAL P

RESENTATION

A Round Table Policy Discussion

"Right to Education – Perspectives from South Asia"

17

th

January, 2014 – Islamabad, Pakistan

K

AMAL

P P

OKHREL

D

IRECTOR

, D

EPARTMENT OF

E

DUCATION

, N

EPAL

1

P

RESENTATION

O

UTLINE

1. Background Information

2. Provision on Right to Education (RtE) in Nepal

Legal Provision (Constitution and Laws)

Sector Plans, Programs

Provision on proposed RtE Act

3. Experiences from Past

4. Issues

Access

Quality /Student Learning/ Quality

Infrastructure and holistic coordination mechanism

Teachers management

Resources for Education

5. Non-state Actor’s (I/NGOs, Private sector) role in education

6. Country's position on Post 2015 Development Agenda

2

1.1 Nepal – Key Facts

Political transition stage – Post conflict

Population 26.5 million

42% under age 18

66% of the population is literate (5+)

Culturally rich and diverse – 123 different language groups

Geographic diversity – mountains, hills and the plains.

Ranked 147 out of 187 countries on the HDI

(a least developed country)

3

1.2 E

DUCATION AT A

G

LANCE

Nepal Education Budget NRs. 81000 m = US$ 810 m (2013); 4.3% of GDP, 65% of

National Budget

For Basic Education

Legal Instrument : Education Act, Regulations, Guidelines, Circulars

Apex Institution : Ministry of Education

Current National Program : School Sector Reform Plan (2009-2016), Free and Compulsory education Program.

Enrolment : Total: 8.7 million

Basic (Grade 1 – 8; Age 5-12 years) : 6.5 million

Secondary (Grade 9 – 12; Age 13-16 years) : 1.2 million

ECD (Age 3-5 i.e. 36 to 39 months : 1.0 million)

GPI, almost 1:1 at all level

No. of Schools: 34782 (with 14% share of private) and secondary level-grade 9-12 : 8711)

Teachers: Total : Govt pay roll: 152,909 + community hired + private school teachers

Female teachers 41.5%

Indicators: Net Enrolment Rate : 95.6% (Primary)

Survival : 84.1% (Primary)

Cohort graduation 75% (Primary)

Out of School Children 1.1 m aged 5-16 years and 0.6 m aged 5-12 years

Literacy : 65.9% (2011 Census) and 69% (2013 estimated)

4

2.1 L

EGAL

P

ROVISION

: R

IGHT TO

E

DUCATION IN

N

EPAL

Nepal’s

Commitment on Int’l forum

(HR-

Declaration,

CRC.

EFA,

MDGs)

Interim

Constitution of Nepal 2006

Fundamental

Rights :

Article 17: Right to Education and

Culture

Education

Act – 1971

Education

Rules -

2002

Child Act,

1992

Child Rule

- 1995

Child

Policy

2012

Right to

Education

Act:

(in the process of ratification)

5

Nepal and int’l Conventions/Declarations

Nepal being a signatory of various Declarations has devised policy and legislative instrumentation to ensure the right of children to education

Universal Declaration of Human Rights 1948: Article 26

Declaration of the Rights of the Child 1959

U.N. Convention on the Rights of the Child 1989 (Ratified: 14 September 1990)

International Covenant on Economic, Social and Cultural Rights 1966: Articles 13

& 14

Minimum Age Convention 1973

Optional Protocols to the CRC on Sex Trafficking, Armed Conflict 2000

International Covenant on Civil and Political Rights 1966

Convention on the Elimination of all Forms of Discrimination against Women

1979

Worst Forms of Child Labour Convention 1999

International Convention on the Elimination of all Forms of Racial Discrimination

1965

International Convention on the Rights of Persons with Disabilities – CRPD 2006

(Signed: 3 Jan 2008)

6

Salamanca Declaration on Special Needs Education 1994

The Interim Constitution of Nepal: Jan. 15, 2007

Under Part 3 – the Fundamental rights

#Article 17 Right to Education:

(1) Each community shall have the right to receive basic education in their mother tongue as provided for in the law.

(2) Every citizen shall have the right to receive free education from the State up to secondary level as provided for in the law

(3) Each community residing in Nepal has the right to preserve and promote its language, script, culture, cultural civilization and heritage.

#Article 22. Right to the Child :

(1) Every child shall have the right to have their own identity and name.

(2) Every child shall have the right to get nurtured, basic health and social security.

(3) Every child shall have the right against physical, mental or any other form of exploitation. The exploiting actions shall be punishable by the law and the person who is treated in such manner shall be compensated in accordance with the law.

(4) Helpless, orphan, mentally challenged, conflict victims, displaced and street kids at risk shall have the right to get special provision from the state for their secured future.

(5) Any minor shall not be employed in factories, mines or for any other hazardous work or shall be used in army, police or in conflicts.

7

RtE related debates in the Constituent Assembly,

2008-2012

Each community shall have the right to basic education in mother tongue as provisioned in the law

Each community shall have the right to free education up to secondary level as provisioned in the law

Free education includes, inter alia, absence of all forms of tuitions, free midday meals and school dress, and provision of hostel and scholarships as per need.

8

Education Act – 1971 and Education Rules - 2002

Provisions on establishment, management, operation of school throughout the Nation

Provision of free education (free Textbooks, no tuition fee, exam and admission fees) up to grade 8

Other entitlements to marginalized and deprived children

Provision of standardized curriculum, examination,

Teacher recruitment and development to serve the pupil

All institutional and instructional arrangements made for school education

9

Child Act, 1992, Child Rule – 1995 and Child Policy 2012

Various provisions enacted in line with international conventions/declarations (viz. Child Right of survival, protection, development and participation)

Apex Agency to look after Children’s Right : Ministry of

Woman, Child and Social Welfare (MOWCSW)

Provisions of district level, VDC level and local level mechanism to look at children matters

10

2.2 R

IGHT TO

E

DUCATION IN

P

LANS AND PROGRAMS

2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Basic and Primary

Education Program

Education for All EFA

Education for All EFA

Years 1 to 12 Sector-Wide

Approach

Tenth Plan Eleventh Plan 12th Plan 13th plan

Education for All - Global Programme

Education for All National Plan of Action (EFA/NPA-2001-2015, long term) – Goal 2

EFA Core Document (2004-09, medium term) – Goal 2

Thirteenth Plan (2013-15) NPC:

Education Sector Plan: School Sector Reform Program (2009-15) – Component 2

Out of School Strategy Paper (2013-2015), FCBE 1093 VDCs, 13 districts – Pilot

FCE

Literacy/NFE Policy and Program Framework – Related with FCE

Community School Support Program (CSSP, 2003- 2009) – Contributes to FCE

Construction of Primary Schools (EFA 04-09; JICA, 03-06) - Contributes to FCE

Teacher Education Project (TEP, 02-07) - Contributes to FCE

Various Programs of UN agencies, such as UNICEF, UNESCO, UNDP, WFP, ILO

Various programs of I/NGOs such as Save the Children, Plan Nepal, World

Education, World Vision are contributing to FCE of Nepal

11

R

T

E

IN

S

CHOOL

S

ECTOR

R

EFORM

P

LAN

(SSRP) 2009-15

Goal of basic education

‘to ensure equitable access to quality education through a rights-based approach and promotion of a child friendly environment in schools’ (p. 13)

Objective of the basic education

‘to ensure equitable access to quality basic education for all children in 5-12 age group’ (p. 13)

Strategic Interventions

‘A phased plan for a compulsory basic education policy through statutory arrangement, appropriate at national and local levels’ and

‘Incentive schemes to encourage local governments to adopt and declare basic education free and compulsory in their respective areas’ (p. 15)

12

2.3 Right to Education Act (RTE Act)

Present Status :

In the Cabinet for endorsement

Preamble :

to ensure the school age children's right to free and compulsory education

Definitions :

Free = not to charge any kind of fees

(monthly tuition, admission, readmission, sports, extra-curricular, lab, library, exam, maintenance, primary aid, etc) and removal of any financial burden by the state that prevents a child from completing specified years of schooling

Compulsory = mandatory provision of admission, attendance, retention and completion of specified level of education, parental duty to admit their children to school

13

The Beneficiaries

5-12 years age children, gradually up to grade 12

Right of a child:

All children shall have right to free and compulsory education at the neighborhood school.

Duty of the Government:

– to ensure free education to every child including immigrants residing in the country for more than three months;

– establishment of school unit in each community to ensure access at child’s neighborhood;

– ensure no child with disability remain out of school; ensure school Minimum enabling conditions (teacher, curriculum, textbooks, school calendar, incentive and support system to the students)

14

Entitlements:

Textbooks, Midday meal, materials, other incentives, special attention to children from in danger community (socially, financially or other reasons)

Voucher system/ incentive coupon for poverty card family is under discussion

Community Participation

:

Majority of SMC members from among parents of children in the school

Empowered SMC by giving extra powers e.g. evaluation of the teachers

Quality Measures :

Academic responsibility of the teachers and code of conduct specified :

Teachers qualification for appointment upgraded.

Permanent teacher to be recruited by national level TSC and temp. at local level

Students can opt for change of a school if school does not meet quality standards

Schools Norms and standards are set

Minimum Infrastructure: Classroom, teachers, textbooks, separate toilets and book corners, sports facility

Teacher-Pupil Ratio of 1:40 (max.)

School days (220 opening days, 192 days net instruction) and total instructional hours (800 hours grade 1-3, 1000 hours upper grades)

15

Special Arrangements:

Providing second chance education for over-age and dropout children;

– integrated and segregated schools for differently-abled children;

– residential schools for remote areas with difficult geography, special incentives system for deprived and vulnerable ethnic groups,

– mainstreaming of traditionally run Madarsha, Gonpa and Gurukuls education

Local government Municipality, VDC, Wards’ geographical territory taken as unit of FCBE implementation

State Facilities to parents

who admit, retain and assist their children to complete desire level of education

Different social security allowances

National ID, citizenship, voter ID, land-owner/property card, poverty card and any other ID

Eligibility of a candidature

Eligibility of entry in public services

Bank loans and waiving

(this clause to be enforced in two years of enactment):

16

Partnership for sharing responsibility and funding:

Joint responsibility of central and local government (own fund and allocations from centre),

– local bodies (VDCs, Municipality) to plan and implement

Integrated govt programs to be implemented in the targeted pocket areas,

DDCs right to coordinate and intervene to ensure FCE

DEOs to establish and coordinate NGOs networks

NGOs to prioritize FCE within their plans/programs

Role of private schools

:

Provide scholarships (with residential facility wherever applicable) for 10% of total students,

Enroll students with voucher scheme,

Establish institutional linkage with specified public school to share experiences,

Government to allocate grants to best performing private schools

17

3. E

XPERIENCES FROM

P

AST AND LESSONS FOR

F

UTURE

W

ITH SPECIAL REFERENCE TO

F

REE

2

OF

EFA

OR

C

& C

OMPULSORY

P

RIMARY

E

DUCATION

OMPONENT

2

OF

SSRP)

(G

OAL

3.1 Policy Focus:

Improving equitable access

(More schools to bring School Closer – 30 minutes or less, alternative schooling, flexible school hours, free education, free textbooks, school feeding, school mapping, increase number of female teachers,

Focused Interventions to Bring Out-of-School Children into the System)

Improving quality and efficiency

(Curriculum improvement, teacher training, Resource Centre and their Professional support, School environment, reform in school exam, Introduction of CFS, SZOP, NVT with directives)

Increasing institutional capacity

(EMIS, decentralized management, HRD plan)

Continuing school self- Governance and community involvement

(Block grant, performance based incentives, Community school management)

Targeted programs for disadvantaged

(Incentives, scholarship to remove Economic Barriers)

18

3.2 I

NTERVENTIONS

/

MEASURES

Access Measures:

»

Welcome to school program for reaching the disadvantaged children in the rural area

»

Grants to public lower secondary and secondary schools to provide free education to all dalit students helped increase their enrolment and retention

»

3-phase approach to Free and Compulsory Education (expanding access of free education; ensuring FCE as fundamental right through proper legislation; and piloting and gradually making FCE compulsory) paved the way for RtE Act

Focused Interventions

»

Special incentives for all girls upto grade 8 , all dalit, and Karnali (remote area)children and children with disability up to grade 12

»

School feeding program (day meal program) ensured not only enrolment of the children but also their retention for the whole day and for the whole year

»

Oil for mothers for daughter’s enrolment and retention worked well in increasing girls’ enrolment

»

residential programs in remote district help girls complete secondary education

»

Alternative schooling programs for children in difficult circumstances

19

Quality Measures:

»

Free textbooks to all public children up grade 10 to helped enrolment as well as learning

»

Pilot approaches like Community ownership & management of schools to raise quality of public schools

»

School buildings, toilets (with water), furniture

»

IT expansion for learning 8500 secondary schools receive fund for 5 computers, power, connectivity, learning material

Interventions for efficient management

»

PCF, block grants, training, Teachers (female), reservations

»

Administrative and Instructional support structure in place (local and centre)

»

Textbooks (opened to private), multiple sets, digitization

»

Collaboration and partnerships (national and global)

20

3.3 S

OME OF THE

E

NCOURAGING

A

CHIEVEMENTS

Significant improvement in enrolment : Pri. Level NER from 80% (2000) to 95.6%

(2013)

Female teachers from 30% (2006) to 42% (2013)

Licensing of teacher profession has been undertaken successfully

ECD enrolments increased (GER from 10% (2000), and 41.4% (2006) to 73.7% (2013)

Gender parity reached to 0.99 (2013)

Initiation to institutionalize of decentralized governance and management systems as a result 13000 schools took part in community managed school (CMS) program robust planning, implementation, reporting and monitoring mechanisms through the

ASIP process at the centre and through SIPs, VEPs and DEPs at the local level.

Well Established EMIS – regular bi-annual school census and reporting in the form of

Flash reports I and II

VDC wise database of out of school children and illiterate people (from National

Census 2011 and household survey of NFEC)

Visible Systemic readiness: RtE Act in progress

21

4. I

SSUES

4.1 Access of hardcore group is a point to begin with

Still some children (>4%) are not in school – who are they? Where are they?

Identification of OOSC is an issue.

How they could be brought to school? How to Bring the children of marginalized community, Musahar, Chepang, , Chamar, Dom, Halkhor and Dusadh, Raute, working and street children, the hardcore groups

Girls due to social barriers, Muslim communities, Rural mountain, children with special needs are out of easy access to schooling

Guaranteeing equitable access to those out-of-school

4.2 Student learning/quality in schools is at the core

Learning achievement of the students is low as reported by several research studies and external examinations

Curricular intents and expected outcomes of curriculum should be further disseminated

Synchronization of textbooks, CAS and teacher training with curriculum is a need

Integration life skill/soft skills into teaching learning requires more efforts

Need to shift the focus on assessment for learning rather than assessment of learning

22

4.3 Infrastructure and holistic coordination mechanism is needed

Ensuring Prioritized Minimum Enabling Conditions (PMECs) in each school

Making schools and classrooms sensitive to needs of disadvantaged children

Coordination among govt (MOE, MOWCSW, MOFALD, MOHA, MOHP, local governments) as well non-govt agencies

Institutionalization of coordination - statutory provision to be created under the coordination of NPC

4.4 Teacher management is a complicated issue

Mandatory provision of training and licensure, qualification upgrading of teachers, reservation policy, need based TPD program is in place,

Crucial concerns in the area of teacher management and devt

Redeployment and management to address the disparity in STR across the regions

Teacher time on task (time with children) and irregularities

The proportional share of female, Dalit, Janajati, disadvantaged popn

A strong and transparent teacher performance monitoring and evaluation system with clear standards is needed for teacher accountability

Teachers are not in a position to see their needs for demand driven TPD in certain critical areas, such as CAS, reading skills, or the new curriculum so needs further response to teacher development effort

23

4.5 Resource is a basic requirement to reach the goal

Current Arrangements of resources for education:

₋ Education as a largest sector of public funding

₋ Donor's commitment The pooling development partners include the Asian

Development Bank, Australia, Denmark, the European Union, Finland, Norway, the United Kingdom, the United Nations Children’s Fund, and the World Bank including funds from the Fast Track Initiative, FTI and Non-pooling: JICA, USAID,

UNESCO and WFP

₋ FTI/GPE (received 120m USD in 2012 and next round in place)

₋ Local government legally bound to invest in education

₋ Growing investment of private sectors and I/NGO's

₋ Community and parents’ investment

24

… Resource is a basic requirement to reach the goal

Issues:

₋ Fragmentation and weak links in programmes

₋ Unplanned spread of settlements in rural areas and overlapping catchments areas in cities

₋ Declining DP support

₋ Ensuring proper distribution and utilization of resources provided to schools

₋ Yet to explore multiple sources of funds

Way Ahead

₋ 20% share of govt’s annual budget expected

₋ Concrete cost sharing approach to be instituted (GoN : regular cost including teacher salary, Local body/community : space, infrastructure and matching grants, non-state Partners I/NGOs - technical aspects, capacity building, learning materials and child friendly environment)

₋ Mobilization of adequate funds – multiple non-state actors to be intensified

25

5. N

ON

-

STATE

A

CTOR

S

(I/NGO

S

, P

RIVATE SECTOR

)

ROLE IN EDUCATION

Non-State actors (I/NGOs, NGOs, Private sector, CSOs etc) have played a major part in supporting the GON to improve children’s access to quality education and enhance the delivery system ranging from ECD level to higher education and for access, quality, HRD, Teacher Development.

Private sector holds 14% of education share (in terms of school, student and teachers)

Red Book support and direct support in practice

Partnership guideline prepared jointly and approved by the government guides the collaboration

Expansion of collaboration with exiting as well as with new partners is desirable

(and always feasible in Nepal)

26

I/NGOs area of expertise in Nepal

Locally connected: Intervention at very grassroots level and hard core areas

Working in line with the principle of Neutrality, Impartiality and Independence

Fulfilling gaps in specialized areas through TA support

Quick response at disaster situations

Regular meetings and loose networks are in place for regular coordination

Essential partners for advocacy or policy lobbying

Some Issues still exist

Duplication in investment

Report requirement not matching government’s ones (additional burden at school level)

Replicability /sustainability

Transparency

27

6. N

EPAL

'

S VIEW ON

P

OST

-2015 D

EVELOPMENT

A

GENDA

A team led by MOE and supported by UNESCO working on this with the objectives of

Assessing the progress made in past in 7 goals of EFA (One additional goal of

Nepal is to Mother Tongue and multilingual education)

– identifying the remaining challenges in meeting MDG’s and EFA’s goals

Developing holistic vision for post-15 agenda

Progress to date

7 separate thematic groups led jointly by a Joint Secretary of MOE and an expert from academia formed and work in progress

Table work

Wider consultation with stakeholders such teacher unions, students, parents, local bodies, dalit/woman/janjati commissions, I/NGOs, Private sectors,

Journalists, youth, CSOs and other govt agencies)

We have yet to finalize Nepal’s position in this discourse, however some of the priority areas identified are

Putting education first in the post-15 development agenda

Quality Education for All

Student learning is at the core

28

Some other priority area for post-15 Era

Free and Compulsory Basic Education

Right to education in mother tongue

Equity strategy to ensure equitable access to hard core group

Special provision for disadvantaged children to bring remaining

OOSC from core hard group; Multi-disciplinary intervention

(Formal and Flexible)

Better addressing the pedagogical issues relating to language, gender, social and economic to ensure completion of schooling meaningfully and beneficially

Special intervention for Early grade reading

Life skills and value of local wisdom

Ensuring Minimum Enabling Conditions (MECs) at all school

ICT applications in education with coonectivity, digital contents and alternatives energy schemes

Continuous assessment system

29

Investing more in children (midday meal in needy pockets, more resource for quality 70:30)

Focus on strong partnership (INGOs, NGOs, DPs, private and public sectors) to work on a common ground in achieving both qualitative and quantitative aspects of FCE

Enhanced Partnerships (DPs, I/NGOs, private sectors and other government agencies)

Sharing at local, regional and global levels,

Making local governments more responsive with explicit role of local governments, VDC, municipality,

Legal responsibilities of local bodies municipalities – enlargement and enrichment to be ensured

Strong governance: Dissemination of the Legislation to the lowest possible unit: Accountability frameworks and responsiveness

Proper acknowledgement of people’s livelihood, parental literacy and mother’s engagement in education

Parenting education to empower & mobilize parents for quality FCE

30

P

OTENTIAL

A

REAS FOR

R

EGIONAL

C

OOPERATION

Regional Forum

Create a regional or bilateral cooperation mechanism to share RtE experience and to offer a common post-15 agenda in the global education Community

Sharing Technical Expertise

– Share experience and expertise of governments and non-governmental professional bodies in meetings to be organized on a periodic/regular basis

And lastly Nepal welcomes multilateral or bilateral

funding support, technical assistance, sharing of expertise/best practice from participating governments and non-govt agencies

31

Sagarmatha: the Top of the World

Thank you

32

3

4

5

6

7

8

No

1

2

9

10

Annexes

Status in terms of major EFA Indicators

Indicators

2001

12.8

Gross Enrolment Rate of Early

Childhood / Pre School

Percentage of New entrants at

Grade 1 with ECD

Gross Intake Rate at Grade 1

Net Intake Rate at Grade 1

Gross Enrolment Rate

7.8

122.9

-

124.7

Net Enrolment Rate

% GNP channeled to Primary edu

% of Education Budget channeled to Primary Edu.

% of teachers with required qualification & training

Percentage of teachers with required Certification/License

-

15

81.1

1.8

56.7

-

2002

19.8

9.6

101.3

74.0

118.4

82.4

2.0

60

NA

-

2003

19.9

13.7

17.4

117.1

76.1

126.7

83.5

1.9

60

2004

Achievement

2005

39.4

69.9

10.9

125.9

-

130.7

84.2

2.0

60

30.5

--

NA

148.1

NA

145.4

86.8

1.9

63

44.9

100

2006

41.4

2012

73.7

Target 2015

80

18.3

55.6

80

148

86

138.8

87.4

2.0

57+3

60

100

138

90.7

130

95.6

2.0

65

102

98

105

100

2.5

65

98.2

100

100

100

33

No

13

14

11

12

12.1

12.2

15

17

18

16

16.1

16.2

Indicators

Pupil Teacher Ratio

Repetition Rate:

-- Grade 1

2001

39.9

-- Grade 5

Survival rate to Grade 5

Coefficient of Efficiency

Percentage of Learning

Achievement at Grade 5

Literacy Rate

-- Age Group 15-24

-- Age Group 6+ years

Adult Literacy Rate (15+ years)

Literacy Gender Parity Index

(15+ years)

70

54

40.7

0.6

38.7

9

65.8

60.0

40

2002

35.7

NA

NA

NA

0.67

36.8

11

67.6

60

NA

Achievement

2003 2004 2005 2006

35.8 39.7

49.8

47.3

34 NA

13.5 NA

28.3

10.4

30.0

10.0

2012

37

10.6

19

Target2015

30

10

12

8

67.7 76.2

NA NA

NA NA

79.1

63

NA

80

NA

NA

84.1

<50

90

80

80

90.1 NA

NA NA

48

NA

NA

NA

76

60?

52?

0.7

NA

NA

NA

NA

84.7

65.9

59.6

0.99

95

90

75

1.0

34

Abbreviations used

CAS = Continuous Assessment System

CFS = Child Friendly School Framework

CRC = Convention on Children Rights

CSO = Community Social Organization

DDC = District Development committee

Devt = Development

DP = Development Partner

ECED = Early Childhood Development

EFA = Education for All

EMIS = Educational Management

Information System

FCBE = Free and Compulsory Basic Education

FCE = Free and Compulsory Education

FTI = Fast trach Initiative

GER = Gross Enrolment Rate

GON = Government of Nepal

Govt = Government

GPE = Global Partnership for Education

VDC = Village Development Committee

GPI = Gender Parity Index

HR = Human Right

HRD = Human Resource Development

I/NGO = International/National Non-

Governmental Organization

ID = Identification Card

MDG = Millennium Development Goal

MEC = Minimum Enabling Conditions

MOE = Ministry of Education

MOF = Ministry of Finance

MOFALD = Ministry of Federal Affairs and

Local Development

MOHA = Ministry of Home Affairs

MOHP = Ministry of Health and Population

MOLJ = Ministry of Law and Justice

MOWCSW = Ministry of Woman, Child and

Social Welfare

NER = Net Enrolment Rate

NFEC = Non-formal Education Centre

NPC = National Planning Commission

NVT = Non – Violence Teaching OOSC = Out of School Children

PMEC = Prioritized Minimum Enabling

Conditions

RtE = Right to Education

SSRP = School Sector Reform Plan

SZOP = School as a Zone of Peace

TPD = Teacher Professional Development

UN = United Nation

35

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