Human Rights Brief: Domestic Violence in Guatemala
Publisher | Canada: Immigration and Refugee Board of Canada |
Author | Research Directorate, Immmigration and Refugee Board, Canada |
Publication Date | 1 November 1994 |
Cite as | Canada: Immigration and Refugee Board of Canada, Human Rights Brief: Domestic Violence in Guatemala, 1 November 1994, available at: https://www.refworld.org/docid/3ae6a8108.html [accessed 7 June 2023] |
Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
1. INTRODUCTION
The following paper focuses on the issue of domestic violence in Guatemala. However, background information on the status of women in society is important to a comprehensive understanding of the issue. While it is outside the scope of this document to detail such information, the following statistics may be useful to note. The reader is cautioned to refer to the source documents, available through Regional Documentation Centres, for explanation of these statistics and for additional information that is relevant to understanding the situation of women in Guatemala. Complementary information on the general political and human rights situation in Guatemala may be found in Guatemala: A Country Profile (DIRB April 1993) and Guatemala: Update (DIRB July 1994).
Guatemala ranks as "the Central American nation with the highest infant and child mortality rates, the lowest life expectancy, the most malnourished population, and the lowest level of public health expenditures" (Barry Oct. 1992, 169). Further, the life expectancy for indigenous men and women is much less than for the non-indigenous population (ibid.).
Half of the population of Guatemala is reportedly under 17 years of age (Samayoa Méndez Apr. 1993, 19)
According to 1990 statistics, women constitute 49.5% of the population (ibid.). Other reports indicate that women are slightly more than half of the total population (Country Reports 1993 1994, 455; CEDAW 7 Apr. 1993, 19).
1990 statistics also indicate that the percentage of urban women is 39.3% and that 60.7% live in rural areas (Samayoa Méndez Apr. 1993, 18). 1989 figures indicated the urban/rural breakdown at 35.6% and 64.4% respectively (CEDAW 7 Apr. 1993, 20).
Sources estimate illiteracy among women at between 60 and 64% (Samayoa Méndez Apr. 1993, 5; Barry Oct. 1992, 164). According to a report by Patricia Samayoa Méndez for the Canadian Cooperation Office, the percentage of rural women who are illiterate is approximately 79%; the rate for urban women is 21% (Samayoa Méndez Apr. 1993, 5). The report of UN Committee on the Elimination of Discrimination against Women (CEDAW) gives the illiteracy rate as 50.6% for rural women and 18.1% for those in urban areas (CEDAW 7 Apr. 1993, 20).
25.2% of women were employed in 1993 (Samayoa Méndez Apr. 1993, 5; see also Barry Oct. 1992, 166 and CEDAW 7 Apr. 1993 for similar figures from different years). According to Country Reports 1993, women generally work in low income sectors (Country Reports 1993 1994, 455).
Poverty rates are estimated at 64.5% of the population in "extreme poverty" and an additional 18.9% in "poverty" (CEDAW 7 Apr. 1993, 2) According to Méndez, "...poverty is concentrated with much greater force on women, especially in rural areas, and even moreso on indigenous women" (Samayoa Méndez Apr. 1993, 3)
Sources indicate that women are involved in politics and have representation in government (Barry Oct. 1992, 164; CEDAW 7 Apr. 1993, 5,6; Samayoa Méndez Apr. 1993, 4). Nevertheless, the CEDAW report states that "the extent of women's active involvement in political life is unsatisfactory" (CEDAW 7 Apr. 1993, 2).
According to one source "due to deeply rooted cultural concerns in the consciousness of men and women, social inequality is produced with a greater impact on women. This has provoked a double marginalization of women which manifests itself in different ways depending on her social stratum, her age, ethnicity or the place in which she lives" (Samayoa Méndez Apr. 1993, 3).
2. DOMESTIC VIOLENCE IN GUATEMALA
Several sources report that statistics and information on the incidence of domestic violence in Guatemala are either scant, or simply unavailable (Blacklock 28 July 1994; Caballeros Dec. 1993, 12; Barry Oct. 1992, 163; ONAM July 1990, 44; United Nations 7 Apr. 1993, 7). In its combined initial and periodic report to CEDAW, the government of Guatemala stated that "although no statistics are available to show the magnitude of this problem, it is public knowledge that different forms of maltreatment between spouses and of children by parents are daily occurrences, and sometimes even prove fatal" (ibid., 17). Other sources also report that the problem is common (Country Reports 1993 1994, 455; Blacklock 28 July 1994), and that it crosses cultural boundaries (ibid.; Ministerio de Salud Pública y Asistencia Social Mar. 1992, 63). A study conducted between 1989 and 1991 by the Woman, Health and Development Program of the Guatemalan Ministry of Public Health and Social Assistance and published by UNICEF in 1992, found that out of 129 cases of domestic abuse examined, 79 per cent were perpetrated against spouses or former spouses; the remaining 21 per cent were against other family members, including sisters, mothers and daughters (ibid., 64).
The section on family background of a study published jointly by UNICEF, CHILDHOPE and PRONICE in 1993 on prostitution among girls and adolescents in Guatemala, reports that despite the lack of statistics to assess the magnitude of domestic violence at the national level in a detailed way, a number of studies do exist which provide a partial picture of the problem (Caballeros Dec. 1993, 12). For example, a 1990 survey of 1,000 women found that 48 per cent had been battered by their partners: "Fists, feet, knives, razor blades, sledge hammers and pieces of wood are the instruments most often used to endanger the physical and mental integrity of these women" (ibid.). The Director of the Centro de Investigación, Estudio y Promoción de los Derechos Humanos (CIEPRODH) also refers to a report produced by an officer of the Fire Fighters Corps responsible for women and children (Cuerpo de Bomberos - Mujer e Infancia), who determined that in a six-hour shift, 90 per cent of women treated for physical injuries had been attacked by their partners (ibid.). In 1991, a doctor reported that 75 per cent of women admitted to his hospital with injuries were victims of spousal abuse (Barry Oct. 1992, 163). The government-created National Women's Office (Oficina Nacional de la Mujer or ONAM) has reported that 40 per cent of all murders of women in Guatemala are committed by their husbands (ibid.; Guatemala Bulletin 1992, 7).
In its report to CEDAW, the government of Guatemala stated that "women victims of violence currently tend not to report the occurrence as such but to disguise it as a simple injury or accident" (United Nations 7 April 1993, 18). A Guatemalan Ministry of Public Health and Social Assistance study also concluded that statistics on the incidence of domestic violence are difficult to obtain because the problem is seen largely as a private matter and therefore rarely reported (Ministerio de Salud Pública y Asistencia Social Mar. 1992, 70). Other sources also agree that domestic violence is viewed predominately as a private, family matter (Blacklock 28 July 1994; Caballeros Dec. 1993, 13; Barry Oct. 1992, 165).
Hospital and judicial records provide little specific information on the source of those injuries that are treated (Ministerio de Salud Pública y Asistencia Social Mar. 1992, 70-71). For example, in examining 1,816 patient files of women admitted to four hospitals in Guatemala, the Ministry of Public Health and Social Assistance discovered that only 16 cases had been recorded as cases of domestic violence; of 3,380 files examined in various health centres, only one case was recorded in this manner (ibid., 60-61). The report urges hospitals and health centres to be more specific in the collection and recording of information relating to domestic violence in order to "document the existence of the problem and to formulate preventive, corrective and rehabilitative measures for the victims as well as the abusers" (ibid., 61-62).
Illiteracy, low levels of formal education and a lack of awareness among women of their rights operate to dissuade women from reporting domestic abuse (Blacklock 28 July 1994). The dependence of women on their spouses for financial support has also been cited as a contributing factor in not reporting (ibid.; ONAM July 1990, 46). Women may also be reluctant to bring into the open a problem which could lead to the disintegration of the family unit (Caballeros 27 July 1994) or cause the woman to lose her children (Ministerio de Salud Pública y Asistencia Social Mar. 1992, 69). Further, women fear humiliation and further abuse (Caballeros Dec. 1993, 13; Central America Update 29 Nov. 1991), and may feel that there are few or no legal channels available for help (Blacklock 28 July 1994). "Generally, it is believed that the woman does not report [domestic violence], does not ask for help because of fear or shame and, it seems, because she does not receive an adequate response to her problem" (Ministerio de Salud Pública y Asistencia Social Mar. 1992, 71).
The incidence of domestic violence receives little media attention (Caballeros 27 July 1994; Blacklock 28 July 1994). An analysis of 34 reports of domestic violence in local newspapers between 1989 and 1991 found that when such reports are printed, the
headlines as well as the contents [of the articles] attempt to diminish the responsibility of the abuser and present the woman as the provocator of the abuse. As such, the press ... does not contribute to the reporting [by the woman of the abuse], or to the solution of the problem; rather, it reinforces in its readers and in the community in general discrimination and ignorance regarding the human rights of women (Ministerio de Salud Pública y Asistencia Social Mar. 1992, 70).
However, women's organizations have had some success in making the problem of domestic violence more public. According to the Director of Research for the Centre for the Research, Study and Promotion of Human Rights (Centro de Investigación, Estudio y Promoción de los Derechos Humanos or CIEPRODH), María Ester Caballeros, "women's groups and human rights organizations are discussing the issue of domestic violence, when ten years ago it wasn't even seen as a problem" (Caballeros 27 July 1994).
3. LEGISLATION
Guatemala has ratified most of the international conventions relating to the rights of women, including the UN Convention on the Elimination of All Forms of Discrimination against Women (United Nations 1994, 4). The government recently signed the new Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Aguilar 4 Aug. 1994; Caballeros 27 July 1994; OAS 1 July 1994), and is expected to be one of the first governments to ratify it (Castillo 1 Aug. 1994). Article 46 of the constitution of Guatemala establishes the general principle that human rights treaties and agreements that have been approved and ratified by Guatemala have precedence over municipal law (Caballeros 27 July 1994; Flanz June 1994, 36).
Article 4 of the constitution confers on all Guatemalans, women and men, equal rights, opportunities and responsibilities. It also stipulates that individuals must treat one another in a "brotherly" manner (ibid., 28). In Article 47, the state guarantees the family social, economic and legal protection, and agrees to "promote its organization on the legal basis of ... the equal rights of spouses ..." (ibid., 36; ONAM July 1990, 47).
Although domestic violence is addressed in Guatemala's penal code, it is not categorized as a criminal offence (Castillo 1 Aug. 1994; Caballeros 27 July 1994; United Nations 7 Apr. 1993, 17; ONAM July 1990, 46) but as a failing (falta) against a person (ibid.; Código Penal 27 July 1973, 631). Article 483(2) of the penal code calls for a 15 to 40 day jail sentence for "any person who mistreats his or her spouse or the person with whom he or she maintains a de facto living arrangement or habits, if no injury is caused" (ibid.; United Nations 7 Apr. 1993, 17; ONAM July 1990, 46). In the case where a physical injury occurs, the offence falls within the section of the penal code that deals with wounds (lesiones), which are classified as "minor (6 months to 3 years in jail), serious (3 to 10 years in jail), specific (5 to 12 years in jail) or grievous (2 to 8 years in jail)" in articles 145 to 148 (ibid.; United Nations 7 Apr. 1993, 17; Código Penal 27 July 1973, 589). In the case of rape, Article 174 calls for an eight to twenty-year prison sentence for the perpetrator if he is either related to the victim, or responsible for the victim's education, custody or care (ibid., 592).
Guatemala's Law of Family Courts, which can be found in the Civil and Mercantile Procedural Code, governs matters related to the protection of the family and gives family courts jurisdiction over the protection of individual members of the family (Embassy of Guatemala 4 Aug. 1994; ONAM July 1990, 49).
Several sources have noted that current legislation treats the problem of domestic violence in general terms only (Castillo 1 Aug. 1994; Caballeros 27 July 1994; Country Reports 1993 1994, 455). Further, in its report to CEDAW, the government of Guatemala indicated that "although the measures that have been introduced for the safety of persons represent progress in the protection of women and their under-age children, they are less effective than they might be since their application depends on the discretion of the judge trying the case concerned" (United Nations 7 Apr. 1993, 17).
In order to improve the protection afforded to victims of domestic violence, draft legislation was prepared in 1990 (ibid., 17-18; ONAM July 1990, 47). The draft legislation comprises 21 articles which set out specific legal procedures to deal with complaints of domestic violence (ibid.; Caballeros 27 July 1994; United Nations 7 Apr. 1993, 18). It outlines to whom and how complaints can be made (Articles 1 and 2); requires hearings to be held within a specific time period following the receipt of a complaint (Article 3); empowers judges to sign restraining orders (Article 11); calls for hearings to be held privately (Article 16); provides for the training of judges and other judicial personnel on the problem and consequences of domestic violence (Article 19); and requires judicial officials or the police to disclose to the complainants full information regarding their rights (Article 20) (ONAM July 1990, 47-49).
However, to date, the draft legislation has not moved through the legislature (Caballeros 27 July 1994; Castillo 1 Aug. 1994). ONAM's executive director, Delia Castillo, and Yolanda Aguilar of the Public Defender's Office for Women add that a new legislature which will be inaugurated in the fall of 1994 may be more receptive to the draft set of laws (ibid.; Aguilar 4 Aug. 1994). Recently, approximately 50 women candidates in the 14 August 1994 legislative elections signed an agreement supporting it (Mijangos 5 Aug. 1994). However, in his book entitled Inside Guatemala, Tom Barry suggests that if enacted, provisions to enhance women's legal status "would be difficult to enforce given the inefficiency of the country's judicial system, the depth of domination in Guatemalan society, and the weak state of feminism and women's groups" (Barry Oct. 1992, 168).
4. LEGAL RECOURSE
4.1 Complaint Procedure
Women victims of domestic violence may go directly to the police to make a declaration following an attack (Castillo 1 Aug. 1994). The police will refer the case to a penal court (tribunal de tipo penal) if a physical injury occurred, or to a justice of the peace (tribunal de paz penal) when there has been no injury and therefore no criminal offence but rather "a failing against a person" (ibid.) An order is produced for the complainant to appear before a forensic doctor (medico forense) for a physical examination. Once the case is referred by the police, the complaint must be ratified by an officer of the court who gathers the evidence, including the opinion of the doctor and the testimony of any witnesses. The case is then passed on to the judge (ibid.).
In addition to going to the police, women may also go directly to a family court. The family court can grant a restraining order but will refer the case to the penal court system if physical injuries occurred (Embassy of Guatemala 4 Aug. 1994). According to Eugenia Mijangos, a lawyer and consultant on women's development in Guatemala, a new criminal procedure code was recently enacted. Although the new code provides for less formal means of making complaints, it is too early to say what impact it will have for women seeking assistance (Mijangos 5 Aug. 1994).
According to the study by the Ministry of Public Health and Social Assistance, of the 129 cases of domestic violence that it investigated, 36 per cent of the women sought medical attention following an attack (Ministerio de Salud Pública y Asistencia Social Mar. 1992, 65). At least 63 per cent of the 129 cases were seen by justices of the peace; that is, the majority of the cases did not qualify as criminal offences (ibid.).
Tom Barry suggests that "to a large extent [battering and sexual harassment of women] are still regarded as family or cultural matters not subject to legal or governmental action" (Barry Oct. 1992, 164-165). Further, women are often not aware of those legal avenues that are available (Mijangos 5 Aug. 1994; Blacklock 28 July 1994). ONAM's executive director says that because it can take months for an offence qualified as "a failing against a person" to make it through the courts, and years in the case of a criminal offence, women often abandon their complaints (Castillo 1 Aug. 1994).
4.2 Professional Attitudes Towards Domestic Violence
According to the Director of Research of CIEPRODH, in bringing the issue of domestic violence before the police or the courts women confront the attitude that domestic violence is not a "real" problem, or even a human rights violation. Women are often told: "don't go looking for a problem" (Caballeros 27 July 1994). An official with the Public Defender's Office for Women (Defensoría de la Mujer) agrees that both the police and the courts tend to view domestic violence as a family affair and generally encourage women seeking their help to keep the problem to themselves (Aguilar 4 Aug. 1994). However, the 1992 study by the Ministry of Public Health and Social Assistance concludes that despite a number of obstacles, Guatemalan women are increasingly, albeit slowly, looking to medical centres for treatment and to the judicial system for justice:
Unfortunately, the institutions do not dispose of an administrative structure that enables them to provide specialized attention in the area of domestic violence. The human resources of the institutions share the values and customs entrenched in the society regarding the discrimination and the oppression of women, and this frame of reference influences the interpretation of the problem, the attitude of the personnel towards the problem, and the type of services that are offered (Ministerio de Salud Pública y Asistencia Social Mar. 1992, 71).
After interviewing a number of functionaries involved in the legal system, including doctors, judges and prosecutors, the study found that "the majority of the functionaries consider the problem as unimportant, as if it were a routine that does not require specialized attention or training, thus ignoring or perhaps negating the gravity of this type of violence" (ibid., 69). The interviews also indicated that there are no existing established procedures to deal specifically with victims of domestic violence and that such cases are not registered and are not followed up (ibid.). However, the majority of those interviewed also indicated that they believe domestic violence is a violation of women's human rights (ibid., 70).
According to the National Coordinator of the Woman, Health and Development Program of the Ministry of Public Health and Social Assistance, Laura Estela C rcamo, doctors, nurses and social workers employed by the ministry's hospitals and health centres in four of Guatemala's departments are being sensitized to the problem of domestic violence and the needs of its victims in a pilot project involving training workshops (C rcamo 17 Aug. 1994). If the project proves successful, similar workshops will be conducted in other departments as well. The Program is also seeking the approval of a protocol of assistance for women who have been assaulted (protocolo de asistencia a la mujer agredida), to be implemented in the ministry's hospitals and health centres (ibid.).
5. OTHER ALTERNATIVES
Women who have met with little or no assistance from the police or the courts can resort to the Public Defender's Office for Women which functions under the auspices of the Human Rights Ombudsman (Procuradoría Para los Derechos Humanos) (Aguilar 4 Aug. 1994). According to an official of this institution, between three and five women who have suffered from domestic abuse arrive on a daily basis. "Generally, women visit our offices at the most critical period, when they feel they have exhausted all other options" (ibid.). The Public Defender's Office for Women provides psychological counselling as well information and training on the aspects of, and solutions to, domestic abuse. At the moment, it does not provide legal counsel, but will refer cases that require it to the Unit for the Protection of Women and Children (Unidad de Protección para la Mujer y el Niño) within the department of the Attorney General (Procuradoría de la Nación) (ibid.).
There are currently no shelters for battered women in the country [ While (Barry Oct. 1992, 163) says that a shelter was established in 1991 by a women's organization, the information could not be corroborated.] (Aguilar 4 Aug. 1994; Castillo 1 Aug. 1994; Caballeros 27 July 1994; Guatemala Bulletin 1992, 7). A specialized clinic for assaulted women was opened by the Ministry of Public Health and Social Assistance in 1992, but closed within six months for a variety of reasons, primarily because victims were reluctant to show up at the clinic (C rcamo 17 Aug. 1994). However, efforts are under way to create Guatemala's first "House of Women" (Casa de la Mujer) (ibid.; Aguilar 4 Aug. 1994). The first phase of this joint governmental and non-governmental initiative, which is expected to be competed in 1995, will provide a centre of integrated assistance to women victims of violence, including medical assistance, psychological counselling and legal advice. The second phase will comprise a small shelter or home for women in need of temporary and urgent accommodation (ibid.).
6. WOMEN'S ORGANIZATIONS
Guatemala's women's movement is less developed than women's movements in other Central American countries (Barry Oct. 1992, 161). This may be due to a number of factors, including "the profoundly conservative and patriarchal nature of Guatemalan society" (ibid.) as well as acute divisions along class, racial and cultural lines (ibid.; IWRAW Dec. 1993, 5). In addition, a long history of violence and political repression has not been conducive to the emergence of popular, including women's, organizations (Blacklock 28 July 1994; Barry Oct. 1992, 161). Women's groups have also faced criticism from within those popular movements which do exist for promoting issues, namely gender-specific issues, that have been viewed as divisive (ibid.; Blacklock 28 July 1994). According to Cathy Blacklock, a PhD student at Carleton University who recently spent 15 months in Guatemala researching women's political organizing, women's groups face an uphill battle because their work often challenges the traditional male-dominated leadership of the popular movement. "They operate within a framework that suggests that if you are not with us, then you are against us" (ibid.).
Early women's organizations such as the National Coordinator of Guatemalan Widows (Coordinadora Nacional de Viudas Guatemaltecas or CONAVIGUA) traditionally focused their work on political repression as well as the plight of indigenous populations (IWRAW Dec. 1993, 5). Since the late 1980s, several new women's organizations have emerged which are working primarily for the promotion and protection of women's rights (ibid., 8; Barry Oct. 1992, 162). Some have worked to promote greater visibility of the problem of violence against women, and domestic violence in particular (ibid., 162-163; Blacklock 28 July 1994; Caballeros 27 July 1994). These have also afforded support to the victims. For example, the Tierra Viva Women's Group (Agrupación de Mujeres Tierra Viva) provides psychological counselling and follow-up support to battered women. It also offers legal counselling and facilitates a number of mutual help groups (Lemus 16 Aug. 1994).
For further information on the activities of women's organizations in Guatemala, please refer to the Encyclopedia of Women's Associations Worldwide, pp. 131-133, Barry pp. 161-163 and Human Rights Internet's Database of Human Rights Organizations (HRIO).
APPENDIX: NOTES ON SOURCES
Blacklock, Cathy
Since 1989, Ms. Blacklock has been working towards her PhD in political science at Carleton University, Ottawa. She specializes in international political economy, international organizations, and Central America. Ms. Blacklock recently spent 15 months in Guatemala, conducting field research for her dissertation, entitled "Contesting Democratization in Guatemala: Women's Political Organizing for Human Rights." She has presented papers on her findings to the 1993 and 1994 annual conferences of the Canadian Political Science Association (Blacklock 28 July 1994).
Centro de Investigación, Estudio y Promoción de los Derechos Humanos (CIEPRODH)
CIEPRODH is a non-governmental organization created in 1987, whose main areas of work include research and the promotion of human rights in Guatemala. The centre's publications include a quarterly report and a biweekly bulletin on the human rights situation in the country (HRI 16 Aug. 1994).
Defensoría de la Mujer, Procuradoría de los Derechos Humanos
The Public Defender's Office for Women is part of the office of the Human Rights Ombudsman. It provides psychological support to women who are victims of violence, as well as gender awareness-raising (enfoque de género) and information for women regarding their rights. Although the office does not provide legal counsel to women, it will accompany women to court. It is currently coordinating an initiative to set up Guatemala's first centre for integrated assistance to women victims of violence (Aguilar 4 Aug. 1994).
International Women's Rights Action Watch (IWRAW)
This international network of organizations and individuals monitors governments' implementation of the UN Convention on the Elimination of All Forms of Discrimination against Women. Based at the Hubert H. Humphrey Institute of Public Affairs, University of Minnesota, IWRAW produces several publications, including reports on the annual sessions of the Committee on the Elimination of Discrimination against Women (CEDAW) (IWRAW Dec. 1993, inside front cover, 62).
Mijangos, Eugenia
Ms. Mijangos is an attorney in Guatemala, and a consultant on women's development. She is a member of the Civic-Political Women's Convergence (Convergencia Cívico-Política de Mujeres), an association of professional women, lawyers, members of business organizations and political parties (Mijangos 5 Aug. 1994). The Convergence has led the call for women's participation in the Assembly of Civilian Sectors, a body created to facilitate civilian participation in Guatemala's peace negotiations between the government and the Guatemalan Revolutionary Unity (Latin America Connexions May/June 1994, 6).
Ministerio de Salud Pública y Asistencia Social. Programa Mujer, Salud y Desarrollo
The Woman, Health and Development Program of the Ministry of Public Health and Social Assistance currently focuses its activities in three areas: women victims of assault; indigenous women; and women and health. It provides training programs for personnel employed by the Ministry's 35 hospitals and network of health centres in how to provide specialized attention to women who have been assaulted. The program is funded by the Panamerican Health Organization (C rcamo 17 Aug. 1994).
Oficina Nacional de la Mujer (ONAM)
The National Women's Office functions under the auspices of Guatemala's labour ministry. ONAM brings together women from various government ministries as well as the University of San Carlos of Guatemala, and from non-governmental organizations such as the Guatemalan Association of University Women (Samayoa Méndez Apr. 1993, 12). ONAM conducts research on the status of women in Guatemala, and proposes changes to civil and labour laws which discriminate against women (Castillo 1 Aug. 1994; Barry Oct. 1992, 163).
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