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Human rights
Human rights are inalienable and universal. They are based in centuries of common law and widespread international consensus.
After World War II, human rights became a priority for international law. This was revolutionary. Previously, a body of law that restricted its interest to relations between countries, international law, moved to regulating relations between governments and their people. The War had shown law-makers the horrors of what could happen if the powers of governments were not kept in check. Australia was at the forefront of these developments, as one of only eight countries involved in drafting the Universal Declaration of Human Rights.
Since this time, human rights have become well recognised as essential benchmarks for decency. Human rights treaties, and mechanisms to monitor their enforcement, have proliferated internationally, and it is well accepted that respecting human rights is good, both for individuals and their governments.
Human rights protect human dignity. They ensure that we are all treated fairly and, where we are not, that remedies are available. Remedies might include, an apology, release from detention, rehabilitation, or a combination of these. Remedies seek to put the person in the position that they would have been had their rights not been violated, to the greatest extent possible, and also create a disincentive to violating rights in the future.
Lawyers help individuals to protect their human rights by bringing complaints of government misconduct before the courts or other bodies.
Australian Lawyers Alliance (ALA) members regularly act to protect human rights. Whether they are acting for someone who has been injured in a car accident, unfairly detained, discriminated against or accused of a crime, they are fighting to protect peoples’ dignity, and seek justice for wrongdoing. However, without a Human Rights Act in Australia, most human rights remain largely unenforceable, and remedies for their breach unavailable. We are flouting centuries of legal traditions, as well as the international law that we were instrumental in drafting and have agreed to be bound by.
The ALA takes every opportunity we can to promote and protect human rights. We regularly contribute to parliamentary inquiries and participate in public debate to promote and enhance human rights protections. We appear before Parliamentary Committees and meet with Parliamentarians to voice our concerns. In 2023, ahead of Human Rights Day we launched a policy position paper on the need for a Federal Human Rights Act in Australia.
It is a difficult battle, but we will never give up fighting for your rights.
Below is an overview listing of our human rights-related submissions to date:
| Submission | To | Date |
|---|---|---|
| Migration Amendment (Removal and Other Measures) Bill 2024 (Cth) | Senate Legal and Constitutional Affairs Legislation Committee, Parliament of Australia | 12 April 2024 |
| NDIS participant experience in rural, regional and remote Australia | Joint Standing Committee on the National Disability Insurance Scheme, Parliament of Australia | 23 February 2024 |
| Exposure Draft: Aged Care Bill 2023 (Cth) | Department of Health and Aged Care, Australian Government | 16 February 2024 |
| A framework for Voluntary Assisted Dying in the Northern Territory | Expert Advisory Panel, Department of Chief Minister and Cabinet, Northern Territory Government |
16 February 2024 |
| Inquiry into the potential for a Human Rights Act for South Australia | Social Development Committee, Parliament of South Australia | 14 February 2024 |
Human Rights Commission Amendment (Costs Protection) Bill 2023 Power To Prevent Coalition submission, to which the ALA is a signatory (9 January 2024) Hearing testimony from Shaun Marcus (31 January 2024), pp.14-19 Questions on notice correspondence (5 February 2024) |
Senate Legal and Constitutional Affairs Committee |
22 December 2023 |
| Voluntary Assisted Dying Bill 2023 (ACT) | Select Committee on the Voluntary Assisted Dying Bill 2023, ACT Legislative Assembly |
8 December 2023 |
| Open letter – Implementation of the United Nations Declaration on the Rights of Indigenous Peoples in Australia | Parliament of Australia | 6 December 2023 |
| A federal Human Rights Act: The case for a legislative human rights instrument in Australia | ALA policy paper | 6 December 2023 |
| Power2Prevent joint statement: A huge step forward in access to justice in discrimination claims | The Commonwealth Government | 5 December 2023 |
| Legalising Cannabis Bill 2023 | Senate Standing Committee on Legal and Constitutional Affairs | 2 November 2023 |
| Victims of Crime Assistance and Other Legislation Amendment Bill 2023 | Community Support and Services Committee, Queensland Parliament |
26 October 2023 |
| Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 | Legal Affairs and Safety Committee, Queensland Parliament |
24 October 2023 |
| Disability Inclusion Bill 2023 (ACT) | Ms Suzanne Orr MLA, ACT Government Whip and Member for Yerrabi | 20 October 2023 |
| Review of the Counter-Terrorism and Other Legislation Amendment Bill 2023 (Cth) | The Parliamentary Joint Committee on Intelligence and Security |
5 October 2023 |
Inquiry into a Process to Review Bills for their Impact on First Nations Territorians Hearing testimony from Cathy Spurr, pp.17-20 |
Legal and Constitutional Affairs Committee, Legislative Assembly of the Northern Territory | 28 September 2023 |
| Open letter on whistleblower protections | The Prime Minister, Attorney-General and Ministers for Defence and the Public Service | 13 September 2023 |
| Foundations of a New Aged Care Act | The Department of Health and Aged Care, Australian Government | 7 September 2023 |
| Guidelines for appointments to the Australian Human Rights Commission | Federal Attorney-General's Department | 22 August 2023 |
Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 |
Federal Department of Infrastructure, Transport, Regional Development, Communications and the Arts | 21 August 2023 |
|
Hearing testimony from Graham Droppert SC, Eleanor Scarff and Sara Connor-Stead |
WA Parliament Community Development and Justice Standing Committee |
17 August 2023 |
| Inquiry into Australia's Human Rights Framework | Parliamentary Joint Committee on Human Rights | 30 June 2023 |
| Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023 | ACT Legislative Assembly Standing Committee on Justice and Community Safety |
5 June 2023 |
| The independent review of compulsory treatment criteria and alignment of decision-making laws | Independent Review Panel (Victorian Government) | 2 June 2023 |
| Veterans’ Legislation Reform Consultation Pathway | The Department of Veterans' Affairs | 11 May 2023 |
| Improving Access to Medicinal Cannabis Bill 2023 | Senate Standing Committees on Community Affairs |
3 May 2023 |
| Decriminalising Personal Drug Use Bill 2023 (Tas) | Dr Rosalie Woodruff, MP for Franklin | 3 May 2023 |
| Legalisation of medicinal cannabis | SA Parliament Joint Committee on the Legalisation of Medicinal Cannabis | 27 April 2023 |
| Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 | Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum |
21 April 2023 |
| Inquiry into Tasmanian Adult Imprisonment and Youth Detention Matters | Tasmanian Legislative Council Sessional Committee Government Administration B | 17 April 2023 |
| Consultation: Review into an appropriate cost model for Commonwealth antidiscrimination laws | Federal Attorney-General's Department | 11 April 2023 |
| Voluntary Assisted Dying | ACT Government |
5 April 2023 |
| Government response to the Privacy Act Review Report 2023 | Federal Attorney-General's Department |
28 March 2023 |
| Path to Treaty Bill 2023, joint submission with ANTAR and ANTaR Queensland | Queensland Parliament Community Support and Services Committee |
23 March 2023 |
| Open letter: Reform of Australia’s discriminatory migration health laws | Federal Parliament | 21 March 2023 |
| Tasmanian national preventive mechanism Implementation project Consultation paper 1 | Tasmanian Government | 16 March 2023 |
| Strengthening Community Safety Bill 2023 | Queensland Parliament Economics and Governance Committee |
23 February 2023 |
| Religious Educational Institutions and Anti-Discrimination Laws | The Australian Law Reform Commission Background Paper 1: International Comparisons (November 2023) |
23 February 2023 |
| Open letter: Concerns about NSW anti-protest laws and jailing of climate activist | New South Wales Government | 13 December 2022 |
| Open letter: Proposing a Human Rights Law for South Australia | South Australian Government | 9 December 2022 |
Missing and murdered First Nations women and children Joint ANTAR & ALA submission 24 Nov 2022 |
Senate Legal and Constitutional Affairs References Committee | 10 November 2022 |
| Joint statement of concern regarding suspension of UN Subcommittee on Torture visit to Australia | Federal, State and Territory Governments | 24 October 2022 |
Inquiry into the decriminalisation of certain public offences, and health and welfare responses Hearing testimony by Greg Barns SC representing the ALA (pp.22-25) |
Community Support and Services |
22 August 2022 |
| Inquiry into access to services and information in Auslan | ACT Legislative Assembly’s Education and Community Inclusion Committee |
28 July 2022 |
| Domestic Application of the UNDRIP | The Senate Legal and Constitutional Affairs References Committee |
22 June 2022 |
| Inquiry into the Esther Foundation and unregulated private health facilities | Parliament of Western Australia |
2 June 2022 |
| ALA Survey Report | 19 May 2022 | |
Inquiry into the Road Transport Amendment (Medicinal Cannabis - Exemptions from Offences) Bill 2021 Hearing Testimony by Greg Barns SC representing the ALA, 16 June 2022 (pp.31-37) |
New South Wales Legislative Council Standing Committee on Law and Justice |
29 April 2022 |
| Open letter calling for action to protect the right of people living with disability to vote | The Prime Minister and Leader of the Opposition | 21 April 2022 |
| Tasmanian Department of Justice | 20 April 2022 | |
ACT Legislative Assembly Standing Committee on Justice and Community Safety |
7 April 2022 | |
| Department of Communities Tasmania | 2 March 2022 | |
| Amendments to the Industrial Relations Act 2016 (Qld) | Office of Industrial Relations, Queensland | 25 February 2022 |
Queensland Human Rights Commission |
February 2022 | |
| "Do not enter!" Balancing and protecting human rights in a health crisis | ALA Policy Report | 9 December 2021 |
| Religious Discrimination Bill 2021; Religious Discrimination (Consequential Amendments) Bill 2021 and Human Rights Legislation Amendment Bill 2021 [Provisions] | Senate Legal and Constitutional Affairs Legislation Committee |
8 December 2021 |
Parliamentary Joint Committee on Human Rights |
7 December 2021 | |
| Review of the Equal Opportunity Act 1984 (WA) – Response to Project 111 Discussion Paper | Law Reform Commission of Western Australia | 6 December 2021 |
| NSW Legislative Council Standing Committee on Law and Justice | 18 November 2021 | |
Inspector of Detention Services Bill 2021 Annexure: Sisters Inside Submission on the QLD Inspector of Detention Services Bill 2021 |
Queensland Parliament Legal and Safety Committee review of the Inspector of Detention Services Bill | 18 November 2021 |
| Working with Children (Indigenous Communities) Amendment Bill 2021 | Queensland Parliament Legal Affairs and Safety Committee | 16 November 2021 |
The Criminal Law (Raising the Age of Responsibility) Amendment Bill 2021 |
Queensland Parliament Community Support and Services Committee | 8 October 2021 |
| Workplaces (Protection from Protesters) Amendment Bill 2021 | Tasmanian Department of Justice | 20 September 2021 |
| OPCAT Implementation Bill 2021 | Office of Strategic Legislation and Policy, Department of Justice | 15 September 2021 |
|
Submission partially redacted for confidentiality. Testimony from Catherine Henry on behalf of the ALA on 3 December 2021 (pp.10-16) |
Portfolio Committee No. 2 – Health, Parliament of NSW |
1 February 2021 |
| Human Rights and Technology Discussion Paper | Australian Human Rights Commission | 4 March 2020 |
| Religious freedom reforms | Australian Government Attorney-General’s Department | 27 September 2019 |
| Free and equal: An Australian conversation on human rights | Australian Human Rights Commission | 23 August 2019 |
| Press freedom: the adequacy of Commonwealth laws and frameworks covering the disclosure and reporting of sensitive and classified information | Senate Standing Committee on Environment and Communications |
16 August 2019 |
| Inquiry into the Migration Amendment (Repairing Medical Transfers) Bill 2019 | Legal and Constitutional Affairs Legislation Committee, Parliament of Australia |
12 August 2019 |
Queensland Human Rights Bill 2018 Subsequent appearance at public hearing in Brisbane on 4 December 2018. (Dr Louis Schetzer can be read from p54.) |
Queensland Legal Affairs and Community Safety Committee |
22 November 2018 |
| Notice of intention to consider refusal under section 501 of the Migration Act to refuse visa to Chelsea Manning | The Hon David Coleman MP | 30 August 2018 |
| OPCAT in Australia. Consultation Paper: Stage 2 | Australian Human Rights Commission |
27 August 2018 |
| Inquiry into the Modern Slavery Bill 2018 | Legal and Constitutional Affairs Legislation Committee |
19 July 2018 |
| Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 | Senate Standing Committees on Economics |
23 February 2018 |
| Australia's Compliance with the International Covenant on Civil and Political Rights (ICCPR): Australian NGO Coalition Submission to the Human Rights Committee | United Nations Human Rights Committee |
September 2017 |
| Australian Border Force Amendment (Protected Information) Bill 2017 | Senate Legal and Constitutional Affairs Committee |
28 August 2017 |
|
And subsequent appearance at public hearing, on 23 August 2017. (Dr Andrew Morrison and Anna Talbot, ALA Legal and Policy Adviser, can be read from p40.) |
Senate Legal and Constitutional Affairs Committee |
21 July 2017 |
The Future of Public Interest Journalism And subsequent appearance at public hearing, on 23 November 2017. (Dr Andrew Morrison and Anna Talbot, ALA Legal and Policy Adviser, can be read from p7.) |
Senate Select Committee on Public Interest Journalism |
15 June 2017 |
| Open letter calling for Australia's ratification of the Optional Protocol to the United Nations International Covenant on Economic, Social and Cultural Rights (signed with Australian Lawyers for Human Rights and other civil society organisations) | Senator the Hon George Brandis QC and the Hon Julie Bishop MP | 5 May 2017 |
| Letter to the A-G advocating for a Queensland Human Rights Act | Queensland Attorney General | 5 May 2017 |
| Australia: review of fifth periodic report | United Nations Committee on Economic, Social and Cultural Rights |
5 May 2017 |
| Inquiry into establishing a Modern Slavery Act in Australia | Joint Standing Committee on Foreign Affairs, Defence and Trade |
3 May 2017 |
Review of ASIO's questioning and detention powers And subsequent appearance at public hearing, on 16 June 2017. (Anna Talbot, ALA Legal and Policy Adviser, can be read from p17.) |
Parliamentary Joint Committee on Intelligence and Security | 26 April 2017 |
| Women in Combat Duties - Reservation Withdrawal | Joint Standing Committee on Treaties |
20 April 2017 |
|
And subsequent appearance at public hearing, on 18 May 2017. (Greg Barns and Anna Talbot can be read from p16.) |
Senate Standing Committees on Community Affairs |
19 April 2017 |
| Racial Discrimination Amendment Bill 2016 | Senate Standing Committee on Legal and Constitutional Affairs |
12 April 2017 |
Inquiry into whistleblower protections in the corporate, public and not-for-profit sectors (redacted) |
Joint Committee on Corporations and Financial Services |
10 February 2017 |
Inquiry into Migrant Settlement Outcomes Appendix (Special Rapporteur on the Human Rights of Migrants' End of Mission to Australia Statement) |
Joint Standing Committee on Migration |
31 January 2017 |
| Access to telecommunications data in civil proceedings: Response to Consultation Paper circulated by the Attorney-General’s Department and the Department of Communication and the Arts | Attorney General's Department and the Department of Communications and the Arts |
27 January 2017 |
Inquiry into the freedom of speech in Australia And subsequent appearance at public hearing, on 1 February 2017. (Anna Talbot, ALA Legal and Policy Adviser, can be read from p27.) |
Parliamentary Joint Committee on Human Rights | 9 December 2016 |
| Review into Victoria's Police oversight system | Integrity Reform Team, Victorian Department of Premier and Cabinet | 8 December 2016 |
| Migration Legislation Amendment (Regional Processing Cohort) Bill 2016 [Provisions] | Senate Standing Committee on Legal and Constitutional Affairs | 14 November 2016 |
|
Supplementary submission: Risk of child sexual abuse in offshore immigration detention (submitted on 16 March 2017) |
Senate Standing Committee on Legal and Constitutional Affairs | 7 November 2016 |
| Joint Submission for the United Kingdom's Universal Periodic Review in 2017 | United Nations Human Rights Council | September 2016 |
| Indefinite detention of people with cognitive and psychiatric impairment | Senate Standing Committee on Community Affairs |
8 April 2016 |
| A Human Rights Act for Queensland | Queensland Parliament Legal Affairs and Community Safety Committee | April 2016 |
| NSW Department of Justice | 8 January 2016 | |
| The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 (Cth): The dangers of unchecked ministerial power | Parliamentary Joint Committee on Intelligence and Security, Inquiry into the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 | 16 July 2015 |
| The Commonwealth has a duty of care in offshore detention centres | Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru, Inquiry into the responsibilities of the Commonwealth Government in connection with the management and operation of the Regional Processing Centre in Nauru | 27 April 2015 |
| A proposed process for the introduction of a Charter of Rights in Queensland | Correspondence to the QLD Premier, the Hon. Annastacia Palaszczuck | 25 March 2015 |
| Towards regulation of medicinal cannabis: The importance of providing access to treatment for chronically ill Australians | Senate Legal and Constitutional Affairs Committee, Inquiry into the Regulator of Medicinal Cannabis Bill 2014 (Cth) | 13 March 2015 |
Rights and responsibilities 2014: Property rights and unlawful detention
|
Australian Human Rights Commission, Inquiry into Rights and Responsibilities 2014 | 19 December 2014 |
Human rights and Stronger Futures in the Northern Territory Appendix A - Australian Lawyers Alliance submission on the legislation (2012) Appendix B - Correspondence to the UN special rapporteurs on the legislation (released under FOI laws to the Australian Lawyers Alliance) Appendix C - Assessment of non-compliance with human rights (2012) |
Joint Parliamentary Committee on Human Rights, Inquiry into the Stronger Futures in the Northern Territory legislation | 10 October 2014 |
Parliamentary Joint Committee on Intelligence and Security, Inquiring into the Counter-Terrorism Amendment (Foreign Fighters) Bill 2014 (Cth) |
3 October 2014 | |
National security legislation: the need for further accountability And appearance at public hearing on 18 August 2014. |
Joint Standing Committee on Intelligence and Security, Inquiry into the National Security Legislation Amendment (No. 1) Bill 2014 (Cth) | 6 August 2014 |
United Nations Human Rights Committee Communication No. 1885/2009 (Horvath v Australia) |
Victorian Parliament | 24 July 2014 |
| Senate Standing Committee on Community Affairs, Inquiry into Business Services Wage Assessment Tool Payment Scheme Bill 2014 and Business Services Wage Assessment Tool Payment Scheme (Consequential Amendments) Bill 2014 | 23 July 2014 | |
| Senate Standing Committee on Community Affairs, Inquiry into Business Services Wage Assessment Tool Payment Scheme Bill 2014 and Business Services Wage Assessment Tool Payment Scheme (Consequential Amendments) Bill 2014 | 23 July 2014 | |
| The incident at Manus Island And appearance at public hearing on 13 June 2014. Further detail can be seen here. |
Senate Legal and Constitutional Affairs Committee, Inquiry into the incident at Manus Island | 5 May 2014 |
Attorney-General's Department |
30 April 2014 | |
Crime and Misconduct and Other Legislation Amendment Bill 2014 (QLD) |
Legal Affairs and Community Safety Committee (QLD) | 11 April 2014 |
| Where waters meet: The breach of Indonesian waters and the need for a review of Australia's aggressive maritime policy | Senate Foreign Affairs, Defence and Trade Committee, Inquiry into the breach of Indonesian territorial waters | 20 March 2014 |
Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013 (Cth) |
Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into the Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Bill 2013 (Cth) | 23 January 2014 |
| Senate Legal and Constitutional Affairs Legislation Committee, Inquiry into Migration Amendment Bill [Provisions] 2013 (Cth) | 16 January 2014 | |
| ACT Standing Committee on Justice and Community Safety, Inquiry into sentencing in the ACT | 26 September 2013 | |
| ALA a signatory to CLC NSW Urgent appeal re the introduction of the Victims Rights and Support Bill 2013 in NSW | Ms Rashida Manjoo, UN Special Rapporteur on Violence Against Women | 17 May 2013 |
United Nations Convention on the Rights of Older Persons (Age discrimination and elder abuse) |
International Federation of Ageing | 15 May 2013 |
| Racial vilification in NSW | NSW Law and Justice Committee, Inquiry into racial vilification law in NSW | 7 March 2013 |
ALA submissions in response to the inquiry into same sex marriage in NSW |
NSW Social Issues Committee, Inquiry into same sex marriage law in NSW | 1 March 2013 |
| NDIS Secretariat, Consultation of the National Disability Insurance Scheme Rules Consultation Paper |
March 2013 | |
| NSW Disability Services Act review | NSW Government, Disability Services Act review | 23 February 2013 |
| Senate Standing Committee on Community Affairs Inquiry into the National Disability Insurance Scheme Bill 2012 (Cth) |
January 2013 | |
| Health care of asylum seekers: Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012 (Cth) | Senate Legal and Constitutional Affairs Committee | 18 October 2012 |
The Australian Lawyers Alliance signed the Open letter to the NSW Attorney-General, Victims Compensation Vital for Victims |
Open letter to the NSW Attorney-General regarding proposed changes to NSW victims' compensation | 25 September 2012 |
| Department of Attorney General and Justice, Inquiry into Evidence Amendment (Evidence of Silence) Bill 2012 (NSW) | September 2012 | |
| Select Council on Disability Reform’s draft descriptions of ‘Eligibility and reasonable and necessary support’ within the National Disability Insurance Scheme |
September 2012 | |
Fishing communities and maritime powers, where poverty meets policy: Maritime Powers Bill 2012 (Cth) |
Senate Legal and Constitutional Affairs Committee, Inquiry into the Maritime Powers Bill 2012 (Cth) | 31 August 2012 |
Human trafficking in NSW: Inquiry into the exploitation of women through trafficking |
NSW Community Relations Commission, Inquiry into the exploitation of women through trafficking | August 2012 |
Asylum seekers in Australia: Towards a regional approach to asylum seekers and people smuggling Addendum to ALA submission (re relevance of Montara oil spill to the issue) |
Expert Panel on Asylum Seekers | 19 July 2012 |
Human trafficking and a human rights response: Assessing recent legislative amendments |
Senate Legal and Constitutional Affairs Committee, Inquiry into the Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012 (Cth) |
July 2012 |
| Senate Legal and Constitutional Affairs Committee, Inquiry into the detention of Indonesian minors in Australia | 5 June 2012 | |
Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012 (Cth) |
Senate Legal and Constitutional Affairs, Inquiry into Australian Human Rights Commission Amendment (National Children's Commissioner) Bill 2012 (Cth) | 31 May 2012 |
Marriage equality: Marriage Equality Amendment Bill 2011 (Cth); Marriage Amendment Bill 2011 (Cth) |
House Standing Committee on Social Policy and Legal Affairs | 19 April 2012 |
Migration Amendment (Removal of Mandatory Minimum Penalties) Bill 2012 (Cth) |
Senate Legal and Constitutional Affairs Committee, Inquiry into the Migration Amendment (Removal of Mandatory Minimum Penalties) Bill 2012 (Cth) | 5 March 2012 |
Age determination of minors - the need for procedural fairness |
Australian Human Rights Commission, Inquiry into the treatment of individuals suspected of people smuggling offences who say that they are children | 3 February 2012 |
| Senate Legal and Constitutional Affairs Committee | 31 January 2012 | |
| Senate Legal and Constitutional Affairs Committee | 10 November 2011 | |
| The Australia - Malaysia Agreement | Senate Legal and Constitutional Affairs Committee | 14 September 2011 |
| Department of Immigration and Citizenship | 7 September 2011 | |
| Joint Select Committee on Australia's Immigration Detention Network | 12 August 2011 |
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