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Tag Archives: Nigeria Sexual Minorities

SEX FOR GRADES: AN IGNORED FESTERING SORE

By: D.U Innocent Esq.

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Before I got into the university, I had seen movies where lecturers used undue influence to either extort money from students or sleep with female students. For those who dared to refuse, the lecturer basically destroyed their future by either failing them continuously or giving them lower grades than they deserved. So, I already had a fear for lecturers even before I got admitted into the university and all through my university days I did my best to avoid them.

There is a salient fear for lecturers especially male lecturers among students in tertiary institutions in Nigeria than even the fear of studies. For many years, Nigerians and indeed so many societies in West Africa have settled into this trend and some students have been forced to go even spiritual or diabolical on some lecturer s because of this seeming hole they put them in. These lecturers are seen as untouchable demi-gods.                                       As a student, I often heard a lecturer remark on how students prayed for him to die. He almost got it though, but he survived.

My name is Emma, in 2011 I got admitted to study Political Science in a prestigious university in Nigeria and like every other innocent 100 level student, I just wanted to get quality education.  I was made the class representative and by virtue of my office at the time, I had to interface with lecturers and students alike in carrying out my responsibilities. In the first semester of my first year, I encountered a lecturer, Mr. Ken. Mr. Ken is a core lecturer in the department and he lectured 2 important courses that had 3 point grade for each course in my time. His courses were very important for the success of my academic success, especially since they were core courses.  He was reputed for two things in the university community. First, his connection to a high management official and secondly his attraction and lust for fair slim girls.

On a fine day after lectures, he invited me to his office where he told me that he liked me and made advances at me, I left for my hostel bewildered. At this junction, I had two worries I am a fair complexioned, slim beautiful girl who just wanted to get an education. Secondly, this man in question was a force to reckon with because of his connection to the higher ups. It would be my word against his, who am I again? Yea that’s right; I’m a 100 level student.

This situation stressed my friends and I for months, it also got me depressed because Mr. Ken became even more hostile towards me as the exam period drew near. He kept threatening to keep me in school long after my mates, if I did not concede to his demands, I practically became depressed and on the verge of giving up. My school fees was about half a million excluding pocket money and my family only sent me here because of the quality of education we were promised I will get. During this period I was slowly becoming embittered and getting distracted from my studies. I was on the borderline of losing it because of my seeming helplessness. I was discouraged many times to attend classes but I knew I couldn’t give him anything to hang me on, so I kept pushing, showing up for classes and ensuring that I stayed on my lane as much as possible. We had more meetings were my pleas fell on deaf ears and his threats were blaring in my ears. I had already vowed to myself that I would not sleep with this man; I would not become a part of his statistics, trophy or prize.

Despite Mr. Ken’s threats, I forged ahead to write the exams without sleeping with him and Mehn! That man was true to his word. By the time results were out for the first semester the F and D on the board were staring at me, I had failed his two courses and those were the only courses I had issues with. My head kept whirring for the entire 1st semester break.  At this point, I knew that I couldn’t continue like this, I had three more years and because of his position in the department, he would be my lecturer for even more courses for the next three years, and I wasn’t ready for to continue going through the emotional and psychological torture I had endured throughout the 1st semester in my first year. I just needed my peace to enable me concentrate in school and I needed to act fast.

Thankfully, changing departments in my school at the time wasn’t a hassle and with advice from my friends and confirmation from my family, I switched to International Relations Department. Changing my department was at a cost. The cost was, not graduating from my dream department and course. Mr. Ken is a murderer; he murdered my baby in the womb of my spirit. He ended my dream of being a political scientist with his demands.

Now I think of it, I’m grateful for the strong girl I was in that season and for my amazing friends who stood by me through that period. That change was instrumental to what I have become today. Thankfully, in the International Relations department I had no lecturer issues and I graduated with my mates. I have served my country and I am currently working somewhere in Lagos Nigeria. I found a way out of that situation, but many girls in Nigeria are unable to escape and their experiences are much worse than mine. What these lecturers are doing is evil and their gory stories are beginning to come to light. I believe that this festering sore in the Nigerian tertiary educational system will at last begin to receive the treatment that will heal not just the educational system. It will also heal millions of Nigerian men and women who fell into the hands of these predators and very importantly it will cleanse our nation Nigeria and we will become great again.

PS:  This is a real life story of a Nigerian, but the real names of the characters are not used.

CAVEAT

Lawyers Alert hereby puts our readers on notice that this article is based on the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

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THE IMPLICATION OF SAME SEX MARRIAGE PROHIBITION ACT 2014 AND THE RIGHTS OF SEXUAL MINORITIES IN NIGERIA.

By Victor Eboh, (Legal / Reproductive Right Officer)

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Violence and discrimination against sexual minorities  in Nigeria have been on the increase in recent times, no thanks to the promulgation of the Same Sex Marriage (Prohibition) Act 2014, (Herein after referred to as The Act) which has contributed negatively to the already dire circumstances of the Sexual minorities (Herein after referred to as The Community) in Nigeria. Members of the community have suffered an increasing wave of arbitrary arrest, unlawful invasion of privacy, assault and battery, sexual violence and extortion, among other ills, since the passing of the Act.

The average citizens of Nigeria, finds it very difficult to enjoy the protection of their rights and access to basic social services. It is rather more unfortunate for persons who are imputed to have sexual minority identities; they are faced with even more social isolation and discrimination by both states and non-state actors. Ironically, Public Authorities who are saddled with the responsibility to protect and ensure the fundamental rights of citizens are sustained, are most times at the forefront of the scourge of terror, intimidation, intolerance and violence against members of the community. The extreme intolerance, homophobia, bi-phobia and transphobia, make it even more dangerous for sexual minorities to reach out for help, hence most human rights violations against them, go unreported.

The cardinal principles of human rights include, universality and non-discrimination. The pre-condition for enjoying human rights is HUMANITY.  However, the Nigerian society and Public authorities do not see the sexual minorities as part of those, whose humanity are guaranteed rights under the Nigerian Constitution. Thus, their humanity is disregarded solely because of their sexual orientation or gender identity or expression, which exposes them to all forms of violence.

 

LEGAL FRAMEWORK GOVERNING SEXUAL MINORITIES ISSUES WITHIN THE NIGERIAN CONCEPT

The combined efforts of both the Domestic, Regional and International frameworks, all ensure equality of all persons regardless of their sexual orientation and gender identity.

DOMESTIC LEGAL FRAMEWORK

  • DOMESTIC FRAME WORK: 1999 CONSTITUTION OF FED. REPUBLIC OF NIGERIA
  • The preamble of the constitution
  • SECTION 1(1) & (3)
  • SECTION 17 (3) (C & D)
  • THE FUNDAMENTAL RIGHTS OF EVERY CITIZENS:
  • CHAPTER 4  of the constitution  section 33-40
  • SECTION 33: “Every person has a Right to Life and no one shall be deprived intentionally of his Right    to life
  • SECTION 34: “ Every individual is entitled to Respect for the dignity of his person and no person shall be subjected to torture or inhuman or degrading treatment.
  • SECTION 35: “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty.
  • SECTION 36: “Every person shall be entitled to fair hearing
  • SECTION 37: “ The privacy of citizens, their homes, correspondence, telephone conversation and telegraph communications is hereby guaranteed and protected
  • SECTION 38: “ Every person shall be entitled to freedom of thought, conscience and religion
  • SECTION 39: “Every person shall be entitled to freedom of expression
  • SECTION 40: “ Every person shall be entitled to assemble freely and associate with other persons …or any other association for the protection of his interest.

 

REGIONAL LEGAL FRAMEWORK

the African Charter on Human and Peoples Right, (hereinafter referred to as ACHPR),  a document which has been domesticated and  forms part of the body of laws in Nigeria, clearly and unequivocally guarantees freedom from discrimination and equal protection and equality of individuals before the law. The treaty was signed in 1981, but did not become a law in Nigeria until when the National Assembly ratified and enforced it as applicable law in Nigeria. The Charter is now known as the AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS (RATIFICATION AND ENFORCEMENT) ACT (CAP 10) OF THE FEDERATION OF NIGERIA 1990

Article 2 of the Act, clearly provides that ‘ Every individual shall be entitled to the enjoyment of the rights and freedom recognized and guaranteed in the present charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status’

Other relevant sections of the Act are as follows:

  • The preamble
  • ARTICLE 1
  • ARTICLE 2
  • ARTICLE 3
  • ARTICLE 4
  • ARTICLE 13 (2)
  • ARTICLE 16 (1 & 2)
  • ARTICLE 19

 

The African Commission, the body responsible for monitoring compliance with the African Charter, has in various communications, denounced acts of discrimination. The ACHPR has clearly established that the expression ‘OTHER STATUS’ as used in the Act can broadly be interpreted to include grounds, other than those explicitly listed under that provision of the Charter. The rights to dignity, liberty and security of persons and freedom of association are among rights clearly proclaimed by the African Charter and the Charter clearly states that every human being is entitled to these rights.

Concerned by the increasing violence against the community, the ACHPR at its 55th session adopted a landmark resolution on the Protection Against Violence and Other Human Rights Violations against persons on the basis of their Real or imputed Sexual Orientation or Gender Identity. The Resolution unequivocally condemns violence against persons on the basis of their real or imputed sexual orientation and gender identity. It calls on states to stop all violence committed by state and non-state actors and to enact and implement laws condemning violence against all persons regardless of their sexual orientation or gender identity. States were also urged to promptly investigate and punish all acts of violence against persons based on their real or perceived sexual orientation and gender identity.

 

 

INTERNATIONAL LEGAL FRAMEWORK

The International legal framework governing Human rights apply equally to all sexual minorities in all parts of the world. The principle of equality, non-discrimination and universality are fundamental in ensuring the human rights for all persons including sexual minorities. It has been established that the grounds of discrimination enumerated in the International Covenant on Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights are non-exhaustive and “other status” includes sexual orientation and gender identity.

 

THE SAME SEX MARRIAGE PROHIBITION ACT 2014

The promulgation of the Same Sex marriage prohibition Act has to a great extent heightened the level of violence against the sexual minorities. The law has been used and utilised by both state and non state actors to subject community members to all sorts of violations, ranging from public humiliation, to battery, assault, blackmail, extortion and other forms of violations and violence.

The Act has further encouraged and in fact, breeds a culture of intimidation, suppression and violence against community members in Nigeria. The Act, apart from prohibiting same sex marriage, goes further to prohibit and criminalizes the association of persons and organizations who purport to promote the interest of Sexual minorities in Nigeria. It prohibits and criminalizes the ‘Public show of same sex amorous relationship directly or indirectly without defining what qualifies as “same sax amorous relationship”

The negative effect of this law was immediate and still persists, as and thus the community members are subjected to an unimaginable level of futility being victims of a wave of arbitrary arrest, invasion of privacy, blackmail, extortion and violence of which state actors are also perpetrators of this hideous practices.

 

 

RECOMMENDATIONS

From the above consideration, it suffices to say that if the rendition of the constitution “WE THE PEOPLE” is the have a meaningful impact, then it must have the force of general application without prejudice.

The following recommendations are worthy of consideration:

  1. The Government should act timeously in condemning the on-going violence against persons based on their real or perceived sexual orientation and gender identity expression.
  2. A review of discriminatory laws that trigger violence against sexual minorities should be given priority.
  3. Enforce constitutional and treaty provisions on universal human rights in public and private institutions across the country.
  4. Human rights violations based on sexual orientation or gender identity expression, should be investigated and perpetrators brought to book.
  5. Embark on a holistic campaign to promote an end to hate speech and statements inciting violence against sexual minorities in Nigeria from religious leaders, politicians and others and establish a link with sexual minorities human rights organizations, regarding ways to promote awareness on issues affecting sexual minorities.
  6. Establish a reporting process for informing the Human Rights Commission and other related bodies, on human rights abuses experienced by sexual minorities.
  7. State actors should discourage incidences of police raids, arbitrary and indiscriminate arrests and searches of individuals based on perceived or actual sexual orientation or gender identity expression.
  8. The police should be at the forefront in investigating and prosecuting incidents of violence against sexual minorities and refrain from harassing, arresting or prosecuting members of the sexual minorities support organizations and human rights advocates on account of their work on sexual minority rights.
  9. Civil society organizations should be encouraged to mainstream sexual minority’s awareness and rights into their relevant health, gender and human rights programmes.
  10. Mainstream stakeholders and the general public should be educated on human rights issues affecting sexual minorities. Sensitization workshops with government agencies, health workers and other law enforcement agencies be developed, on the need to promote and protect rights of sexual minorities as citizens of Nigeria.

 

CONCLUSION

From the above consideration, one fundamental principle looms larger, that violence and discrimination against any individual or groups of persons is unacceptable. OUR HUMANITY should be paramount in ensuring dignity and rights to ALL PERSONS.

 

CAVEAT

Lawyers Alert hereby puts our readers on notice that all articles on this page are of the writers opinion and do not necessarily represent the views of the organization except otherwise stated.

 

 

 

 

 

 

 

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SEXUAL RIGHTS VIOLATION IN NIGERIA

By Doris U. Innocent Esq

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Sexual rights embrace certain human rights that are already recognized in national laws, international human rights documents, and other consensus documents. They rest on the recognition that all individuals have the right—free of coercion, violence, and discrimination of any kind—to the highest attainable standard of sexual health; to pursue a satisfying, safe, and pleasurable sexual life; to have control over and decide freely, and with due regard for the rights of others, on matters related to their sexuality, reproduction, sexual orientation, bodily integrity, choice of partner, and gender identity; and to the services, education, and information, including comprehensive sexuality education, necessary to do so.

Sexual and Reproductive Health and Rights SRHR, in Nigeria is an area which, owing to culture and religion, is neither making as much progress nor being given as much space for expression in comparative terms with more “acceptable” rights. Violence against Women and Girls, Abortion, Same Sex Relationships, Female Sex Work, Rights of Persons Living with Affected by or Most at Risk of HIV, Female Genital Mutilation, Unlimited Access to Family Planning, Rights of Persons Living With Disabilities etc. are all issues that citizens regularly confront yet fail to attract the commensurate attention in the positive, from authorities.

The cry out against sexual rights violations in Nigeria is a very serious issue. Sexual rights violations are real and they stare at us every day in our neighborhoods, families and different circles of association. We believe that the first thing we must understand about these individuals is that they are human beings. They are entitled to their basic human rights, they are deserving of love, understanding and acceptance. A lot of organizations have carried out public sensitization, awareness and campaigns through various channels in Nigeria regarding issues related to Sexual and Reproductive Health and Rights. This is an applaud-able approach to dealing with the glaring issues of SRHR violations inherent in our society. There still remain quite a number of people who are either victims of sexual violations or are at risk of becoming victims of sexual rights violation. These victims are usually at left at their own peril, they are seen as objects of constant abuse and discrimination by members of the society.

Lawyers Alert is an established Human Rights Organization with an internationally recognized track record of successful interventions in relation to Human Rights abuses in Nigeria. It is made up of lawyers and other professionals with members across the 36 states of Nigeria. It builds capacity on essentially eco-socio rights, advocacy/legislative engagement, and organizational development. Its programs are essentially the monitoring of rights violations, legal assistance and interventions geared towards enhancing good governance. Lawyers Alert was founded in the year 2000, it was birthed from the place of passion to fight and restore the rights of those whose human rights have been infringed upon. Lawyers Alert has been in the forefront of promoting women’s rights in Nigeria ever since. We have carried out many projects which have impacted positively on the lives of thousands of women and children. Presently, we are implementing projects aimed at eliminating all forms of violence against women and girls, eliminating sexual and reproductive health and rights violation and providing free legal services to victims.

Notwithstanding, Lawyers Alert’s vision remains clear: A developed Nigeria where the rights of vulnerable groups, especially women are respected. Similarly, her mission has not changed: To promote the rights of vulnerable groups, especially women through advocacy and through provision of free legal services. We are not relenting. We will keep doing the best we can to ensure we carry out our mission and achieve our vision. Denial of an individual’s rights is denial of the rights of all. We will always have mothers, wives, aunt, sisters and daughters with us. They are all entitled to their rights. We should individually and collectively stop violating their rights. And we should do the best we can to protect and defend their rights. This is our yearning for Nigeria, and together we can achieve this. Here at LawyersAlert, we have taken up the responsibility to bear the burdens of people whose sexual rights have been violated or at risk of being violated. We also make periodic violation reports, with instrumentality of our web based tool. You can get to know us better through our website http://lawyersalertng.org/ .

It is on this premise that we invite the general public as always to report human right and sexual rights violation against them and other people, we also encourage you to refer people in need of our services to us. We assure you, that we will work to ensure that justice is served.

 

 

 

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Lawyers Alert sensitize Journalists on Sexual Reproductive Health Rights

The training was organized by Lawyers Alert for journalists as part of a sensitization and advocacy drive within the media community. The objective is to educate journalists on the subject of SRHR and how they can effectively report violations of same and also getting the participants to cascade knowledge gained to other journalists.

Facilitators at the training were:

  1. Rommy Mom, Esq. – President, Lawyers Alert.

2.  Mrs. Abubakar Abubakar – Director, UNFPA.

3.  Charles – Director, UNAIDS.

SRH, HIV & GENDER ISSUES IN NIGERIA

Facilitator – Zubaida Abubakar, UNFPA

Topic – “SRH, HIV and Gender Issues in Nigeria.” (Focus: Key Populations)

She began by acknowledging the vital role journalists play as watchdogs of the society in ensuring the protection of Human Rights. “We need to engage the media,” she enthused, “our work is based on evidence. Children and girls are mostly victims of SRHR violations. They are victims of rape, violence, etc. We have to educate them and the media can help achieve this.”

To buttress her claims that children and teenage girls were the most vulnerable in terms of SRHR violations, Mrs. Abubakar reinforced her facts with statistics shown below:

  • In Nigeria, girls particularly between the ages of 18-22 years of age are likely to get pregnant before marriage. The North has a preponderance of early marriage.
  • Female hawkers are particularly vulnerable to rape.
  • Owing to poverty, religious and cultural issues, girls are married off at the young ages of 9-22. They are most at risk of HIV and Vesico-Vaginal Fistula, a condition that frequently occurs when underage girls give birth. Nigeria has up to 600,000 cases of VVF. Girls with the condition tend to be stigmatised and isolated.
  • 47.6% of illiterate girls get pregnant early. They have no idea of the use of contraceptives.
  • Maternal and child mortality rate is high in Nigeria: For every 100,000 births, 576 infants die, while approximately 111 of the mothers die in childbirth.

Consequences

On the consequences of the violations of the SRHR of girls, Mrs. Abubakar pointed out that:

  • There is no opportunity for their being educated (attending school).
  • The vicious cycle of poverty is continued.
  • They are isolated.
  • 25% of the girls whose SRHR are violated contribute nothing to the economy.

What to Address

On what to address, Mrs. Abubakar explained

  • Girls should be kept in school to discourage child marriage.
  • Girls who do not get formal education should be empowered through vocational skills.
  • The health and well-being of children should be prioritised.
  • Girls should be trained in the use of contraceptives.
  • There should be a conducive environment for children and girls.
  • Keepers of the traditional institutions should be enagaged in these efforts to obtain their support which could in turn influence parents to change their beliefs.
  • Children and girls should be given comprehensive HIV education.
  • Young people should be co-opted into the information dissemination process.
  • Social could also be a useful tool in this effort.

UNFPA Projects

On the projects being carried out by UNFPA, Mrs. Abubakar noted:

  • 4,150 are being supported with the help of Canada. In Nigeria’s North, UNFPA provides support in the education sector. In Lagos (the suburbs of Lagos State), out of school children are being supported by training them in vocational work. 270 of the girls were able to impact 20,000 others.
  • Campaign launched last year to end child marriage in Nigeria.
  • A forum was set up to educate various communities on the negative effects of early marriage.
  • UNFPA collaborates with local NGOs to carry out their work with ongoing projects in Kaduna and Kebbi States.
  • Support is being provided for girls suffering from VVF

EFFORTS AT ENHANCING SRHR REPORTAGE IN NIGERIA

Facilitator – Charles, UNAIDS

Topic – “Efforts at Enhancing SRHR Reportage in Nigeria.”

Mr. Charles introduced a five-page news report culled from The Associated Press, which he distributed to all participants titled: “Rampaging Sudan Troops Raped Foreigners, Killed Locals.” Using the news report as a yardstick for measuring reports on SRHR, he asked participants to read the report and critique.

Most participants condemned the detailed style of reporting. They were of the view that The Associated Press was so detailed in the reportage that within days of publication, Sudanese citizens were able to identify victim of the gang rape perpetrated by 15 South Sudanese soldiers.

A participant, (a female journalist with the Daily Trust), was of the view that the victim’s identity ought to have been protected in line with the ethics of the profession. Though her name was withheld, the description of the location and the race of the victim, were so vivid that Sudanese citizens had no problem identifying the victim.

A few of the participants, however, had a dissenting opinion. One of them was of the view that the detailed reportage was what led to further investigations.

The Facilitator left the critiquing to the professionals only pointing out the following issues:

  1. The news is about sexual violence in the context of armed conflict.
  2. Giving tips (reports) to journalists helps with exposing SRHS violations.

HUMAN RIGHTS DIMENSION

Facilitator – Rommy Mom (Lawyers Alert President)

Topic – “Human Rights Dimension on Violations of SRHR,”

Citing the cases of the FSWs in Abuja and the suspected gay people in Gishiri village, in Abuja, Lawyers Alert intervened, Mr. Mom emphasized the need to protect key affected populations. To buttress his point, he cited the case of a Customs Officer who was accused of theft in a market in Jalingo, Adamawa state and subsequently beaten to death. It was only after the mob action that his identity was revealed.

Mr. Mom rounded off his session with a quote he once saw in a prison in a prison he visited. The placard read: “A society is judged by how it treats the weakest among them.”

QUESTION AND ANSWER SESSION

The issue of homosexuality in Nigeria is a touchy one especially since the country has enacted laws criminalising same sex relationship and marriage. It was no wonder therefore that the following questions came up:

Q – “If I heard you clear, you mean you offer free legal services to homosexuals?”

Rommy Mom – “Yes, if we offer 10 free legal services to victims of SRHR violations, including homosexuals.”

Q – “How do you marry this with the Nigerian laws which prohibit homosexuality?”

  1. M – “Years ago, in Gishiri village, a pastor mobilised a mob to attack some persons alleged to be homosexuals. They broke into their houses, assaulted them, took them to the police station, and they were detained. This to the Pastor and his believers was in keeping with the law. We urge you however to examine the process. It is an offence to break into a persons’ home, assault the person etc. Yet we choose to ignore this. It is so much as the law, the process. We don’t violate rights, in getting to the end of the law. Lawyers Alert is about rights of ALL. Remember again, it is the court that determines culpability at the end of the day. The law does not permit any person to break the doors of people on ground of suspicion of being homosexual. It is the court that will determine the guilt of any person alleged to have committed a crime. Homosexuals, like other groups be they Female Sex workers, Persons Living With HIV, Persons who use Drugs etc are the vulnerable people in the society. How we treat and relate with them is different with coloration of stigma and discrimination. Ours is to focus on the rights of these key population groups.”

Q – “Do you also offer services to children and victims of domestic violence?”

  1. M – “Yes, we offer free legal services to children and victims of domestic violence. A 10-year old girl was raped recently. Her mother could not afford to pay transport fare. We offered her free legal services and we also paid for her transport fares.”

WAY FORWARD

On way forward, all participants agreed that:

  1. We should keep journalist informed as journalists are human beings and not ghosts that should know everything that happens in the society.
  2. Outcome of meetings should be shared. It could be visual, audio or text.
  3. Lawyers Alert could organise meetings to keep journalists informed.

CONCLUSION

Mr. Mom thanked all participants and assured them that the training just held was just one of many more to be held, and that from time to time, Lawyers Alert will hold refresher trainings for those in attendance.

 

 

 

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