By Geneva Centre
GENEVA, Apr 25 2019 (IPS-Partners)
The current massive displacement of people worldwide has turned into a politicized crisis of solidarity, with closed border policies and the rise of xenophobic, populist trends. The blocking and harassment of search and rescue ships and of NGOs that legally attempt to pursue their activities compromises all efforts to save the lives of persons in distress in the Mediterranean Sea. States should respect the international legal framework in particular the maritime law and take responsibility for the lives of migrants and refugees.
These were the main conclusions of a debate organized by the Geneva Centre for Human Rights Advancement and Global Dialogue on Migration and Human Solidarity. The event was an opportunity for the Geneva Centre to officially launch its latest publication on the causes and consequences of migration today, including refugees and IDPs, entitled The Unprecedented Rise of People on the Move in the 21st Century. The panel discussion was held on 25 April 2019, at the United Nations Office in Geneva.
All the members of the panel were experts with first-hand experience in the migrant and refugee crisis, and their presentations highlighted concrete problems observed during their work on the ground, in coordinating rescue operations and aid distribution, or documenting and raising awareness of the situation. The panel included Monsignor Robert J. Vitillo, Secretary General of the International Catholic Migration Commission; Mr José Benavente, President of the French Association Pilotes Volontaires; Ms Julie Melichar, Citizen Mobilisation & Communication Officer at SOS Méditerranée; Ms Camille Pagella, journalist at L’Illustré and Mr Adrià Budry Carbó, journalist at Le Temps, joint recipients of the first ACANU (Association of Accredited Correspondents at the United Nations) Prize for Reporting on Human Rights Issues.
Ambassador Idriss Jazairy, Executive Director of the Geneva Centre, delivered opening remarks and moderated the panel debate.
In his opening remarks, Ambassador Jazairy deplored the tendency of most European States to avoid responsibility for lives lost due to the “Fortress Europe” syndrome. The Director of the Geneva Centre reiterated the need to distinguish between the migration crisis per se, which is caused by a lack of economic opportunities, poverty, as well as the adverse effect of climate change on people’s livelihood, and the refugee crisis, mainly triggered in the past by conflict and war, and increasingly by climate change. He underscored that the push factor of refugee flows is man-made and should be acknowledged as such. He reiterated that migration and displacement had been a constant part of humanity, and that the current migration flows are dubbed “a crisis” particularly by fabricated nationalist narratives.
Furthermore, Ambassador Jazairy noted that the Mediterranean Sea had turned into a liquid graveyard, quoting IOM global statistics revealing that over 3400 migrants and refugees lost their lives in 2018. At least 2’297 of these lives were lost in the Mediterranean Sea.
The Director of the Geneva Centre saluted the rise of civil society organizations willing to step in, to offer protection and to save migrants’ and refugees’ lives. He commended these rescue organisations for their endeavours, despite the criminalisation of their action to save lives, dubbed a “délit de solidarité”.
In his presentation, Monsignor Robert J. Vitillo deplored the growing trend to build legislative and administrative walls and barriers rather than to offer solidarity in the context of today’s displaced populations. In his presentation, he referred to Pope Francis’ Message for the Catholic Church’s 104th observance of the World Day of Migrants and Refugees, on 14 January 2018. In his address, Pope Francis highlighted the religious and moral leadership of the Catholic Church in offering “motherly love to every person forced to leave their homeland in search of a better future”. His Holiness also deplored the “collective and arbitrary expulsions of migrants and refugees, (…) particularly where people are returned to countries which cannot guarantee respect for human dignity and fundamental rights.”
Further quoting the words of Pope Francis, Monsignor Vitillo underscored that the problem of statelessness that numerous migrants and refugees faced could be easily tackled through “the adoption of nationality legislation in conformity with the fundamental principles of international law”. Monsignor Vitillo further presented the extensive work of the International Catholic Migration Commission, inspired since its creation in 1951 by Catholic Teaching. He concluded his remarks with a strong call for governments to improve their response to migrants and refugees, noting that “All human beings long for a better and more prosperous life, and the challenge of migration cannot be met with a mind-set of violence and indifference, nor by offering merely partial solutions.” Responding to Ambassador Jazairy’s question on the role of religious leaders in this crisis, he highlighted their pivotal role in countering the toxic narrative surrounding people on the move, and emphasized the importance of political will. In this regard, he spoke of the example of Uganda, a small country that had received 300 000 South Sudanese refugees.
Mr José Benavente, President of the French Association Pilotes Volontaires, deplored in his presentation the fatalities of the migratory routes in the Mediterranean region. He recalled the testimonies of displaced persons who pass through Libya to reach European soil that depict the inhumane conditions and violations of human rights characterizing these passages, including torture, human trafficking and sexual abuse.
Based on his first-hand experience, Mr Benavente offered a detailed description of the often improvised and always dangerous crossings of the Mediterranean Sea in wooden or inflatable boats. He underscored the overloading of boats, the dangers of asphyxiation with fuel vapours, the lack of food and water. Furthermore, he underscored that at the moment when these boats start drifting in high seas, the countdown for the lives of the refugees and migrants on-board starts.
As a pilot, Mr Benavente highlighted the fact that these boats are often difficult to spot at high sea. Oftentimes, he said, rescue ships arrive too late, only to find semi-floating shipwrecks and no survivors. In this regard, Mr Benavente and his partner created the Association Pilotes Volontaires, to respond to the need of quickly identifying persons in distress at sea by aerial means. They fly over a specific portion of international waters off the coast of Libya, where more than 20 000 lives were lost over the past four years.
Mr Benavente highlighted that, in 2018, Pilotes Volontaires in partnership with search and rescue ships identified 45 boats and saved more than 4000 persons. He concluded by underscoring the urgent need of the association for increased financial means and donations in order to pursue the rescue operations. Finally, he called for a concerted effort from the international community to ensure that rescue operations are carried efficiently, rapidly and in the full respect of International Maritime Law, which stipulates that all survivors must be disembarked in a safe port.
Ms Julie Melichar of SOS Méditerranée highlighted the work of SOS Méditerranée, noting that since the launch of their search and rescue operations, the Aquarius ship had welcomed more than 29,532 survivors on board. According to Ms Melichar, the objectives of the organization were threefold: rescue, protect and testify.
Echoing the concerns of previous panellists, Ms Melichar underscored the growing loss of lives at sea as a result of the lack of rescue capacities and of “recurring violations of international and maritime law.” She further deplored the ongoing blocking and harassment of search and rescue NGOs. In this regard, Ms Melichar recalled that at this moment, almost all NGO rescue ships are blocked from leaving European ports, with hundreds of people left to drown at sea, or unlawfully returned and exposed to inhumane conditions.
Furthermore, Ms Melichar recounted her experience during the first standoff of the Aquarius ship in 2018. As with other rescue ships, the Aquarius had fallen victim to political manipulation, stripped of its flag and blocked in various ports in the Mediterranean Sea on several occasions in 2018, until its activities were completely stopped towards the end of last year.
Ms Melichar denounced the actions of the Libyan Search and Rescue Region, created as a result of the Malta Declaration signed in February 2017. She remarked that NGOs had to pursue their role of testifying and condemning these violations of maritime law. With regard to the “délit de solidarité”, she noted that almost all legal investigations brought against humanitarian workers in the context of the crisis had been annulled because of lack of evidence, as NGOs worked in full respect of the legal framework. Finally, she concluded by deploring a “paradoxical situation: civil humanitarian ships, who conduct legal search and rescue operations and respond to the duty to deliver assistance, are being criminalised by States who do not uphold anymore the treaties and conventions that they have ratified.”
Journalists Camille Pagella of L’Illustré and Adria Budry of Le Temps recounted their experience on board the Aquarius ship in 2018, which resulted in the publication of a joint extensive coverage entitled “Piège en haute mer” that won the ACANU Prize for Reporting on Human Rights Issues. The documenting mission of the two journalists occurred in the context of the Italian elections last spring, and against the background of a growing populist trend, with European politicians pledging to block the activities of humanitarian ships in the Mediterranean Sea. Mr Budry described various attempts of the ships of the Libyan Coast Guard to harass and block the rescue actions of the Aquarius.
Similarly, Ms Pagella described a joint effort between the Aquarius and of the Astral ship of the NGO Proactiva Openarms, involving the transfer of over 100 persons in distress, blocked for hours by the Maritime Rescue Coordination Centre in Rome.
The joint presentation highlighted the constant harassment attempts of the Libyan Coast Guard, which is often supported by European States, aimed at blocking the actions of humanitarian ships. They condemned the intimidation practices used by the Libyan Guards, as well as the externalization of the responsibility for the migrants and refugees in the Mediterranean Sea by the surrounding European States. They deplored the inhumane conditions in which migrants and refugees crossed the sea, the insecurity and lack of supplies, which they could witness first hand during their mission. Their poignant testimony reminded the audience that beyond the politicization of the migrants and refugee crisis, there was an ongoing humanitarian crisis that was overshadowed by populist narratives.
Referring to a question from the moderator on media disinformation and toxic narratives, Mr Budry remarked that it was important not to combat it, but to promote a counter-discourse of tolerance and solidarity completed by hard facts and figures. He noted that in the upcoming Spanish elections, the exclusion of the extreme right party Vox had rather benefitted the latter, as they would not be involved in public debates where their toxic discourse could be publicly challenged by others. Ms Pagella also referred to the role of the media of providing an objective, rigorously researched overview of the crisis, insisting on the importance of terminology.
During the Q&A session, Professor Michel Veuthey, Deputy Permanent Observer of the Permanent Delegation of the Sovereign Order of Malta, added that it was important to take preventive measures by ensuring harmonious integration of potential migrants in their countries of origin, and therefore, even more fundamentally, resolve the conflicts which lay at the source of these migratory crises (MENA and Sahel regions).
A representative from the Norwegian NGO Justice and Development referred to the ongoing internal conflict in Libya, observing that the bombing of refugee centres around Tripoli by the army of General Khalifa Haftar was inadmissible. A representative from ICMC brought up the issue of monitoring and addressing the problems of human trafficking inherent in the migrant crisis. Ambassador Jazairy observed that trafficking is a crisis within the broader refugee crisis, but the latter should be addressed in terms of repression of trafficking. Msgr Vitillo added that human trafficking was a broad issue in its own right, but that had little to do with refugees. Ms Melichar said that on rescue ships it is difficult to identify victims of human trafficking, but efforts were made in identifying certain categories of vulnerable persons such as unaccompanied minors, victims of torture and of sexual assault. A member of the audience referred to the situation in Colombia where the latter has increased its national debt so as to help Venezuelan refugees. Msgr Vitillo said that international solidarity versus national priorities was not an “either/or” issue, but a question of appropriate distribution of resources between priorities. Referring to Colombia, he added that in earlier days, Colombian refugees had also benefitted from the hospitality of Venezuelans.
Monsignor Robert J. Vitillo
Mr José Benavente
Ms Camille Pagella and Mr Adrià Budry Carbó
Ms Julie Melichar
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Claimant Eric Dooh shows the crude oil that has damaged the banks of the creek through his village in Ogoniland, Nigeria.
By Hans Wetzels
UNITED NATIONS, Apr 25 2019 (IPS)
When Ecuadorean diplomat Luis Gallegos first proposed a “Binding Treaty on Business and Human Rights,” many countries and environmental activists welcomed the idea with open arms.
Backed by South Africa, Mr. Gallegos urged the UN Human Rights Council in Geneva, Switzerland, to immediately begin negotiations to end human rights violations and environmental damage by transnational corporations.
In October 2018, 94 countries drew up a draft text for the binding treaty, which could address the issue of the complex global supply chain that currently makes it difficult to determine who is responsible for environmental damage or human rights violations. It should also give victims access to justice.
For two decades, Mr. Gallegos’s birth place of Ecuador waged a court battle to hold Chevron (formerly Texaco), a US-based multinational, accountable for oil spills and for allegedly dumping 16 billion gallons of toxic waste into waterways and open pits in the country’s Amazon jungle, affecting 30,000 indigenous people and campesinos in the area. The South American country tried without success to seek redress in American, Ecuadorian, Brazilian and Canadian courts.
130 oil spills in Nigeria’s Niger Delta in 2015 were reported by Amnesty International
Chevron in turn dragged Ecuador before the Permanent Court of Arbitration in The Hague, Netherlands, for violating a 1997 bilateral investment treaty, and was awarded a hefty $112 million. A binding treaty on environmental damage might have prevented this kind of outcome.
Currently, there are voluntary guidelines for international businesses. One such set of guidelines is the United Nations Guiding Principles on Business and Human Rights, which instruct corporations to respect human rights but leaves en-forcement in the hands of states.
In high-risk sectors such as agriculture, mining and the garment industry, most companies disregard these principles, says Corporate Human Rights Benchmark, a newly established research initiative funded by the Dutch, British and Swiss governments.
Multinationals easily avoid prosecution because no international legal framework exists to hold them accountable, Mr. Gallegos argues. A majority of UN member states and the African Union concur.
Ecuador is not the only country whose citizens or government is trying to keep multinationals in check. In 2016, some 40,000 Nigerian fishermen took Royal Dutch Shell, an oil company, to a British court over oil spillage in the Niger Delta region.
But the court ruled that a conflict with the company’s Nigerian subsidiary, Shell Petroleum Development Company (SPDC), could not be adjudicated in the United Kingdom.
Amnesty International reported in 2016 that SPDC’s operations in Nigeria’s Niger Delta region in 2015 alone had resulted in about 130 oil spills.
“There are few places on the planet where the impact of multinational companies on the environment are more visible than in the Niger Delta,” Nigerian diplomat Hashimu Abubakar told the Human Rights Council in Geneva.
After several rounds of consultations, the first draft of a Binding Treaty on Business and Human Rights was finally presented to the Human Rights Council in July 2018, raising hopes of adoption.
“Big multinationals always use their legal and financial firepower at the cost of people who don’t have a lot of resources,” Nigerian activist Esther Kiobel told Africa Renewal.
Ms. Kiobel is the widow of Dr. Barinem Kiobel, a former government official and one of the nine environmental campaigners executed by hanging in 1995 by Nigeria’s military government for protesting against oil pollution in the Niger Delta. She was a plaintiff in a landmark suit against the oil giant Shell.
“A new international treaty might give me the opportunity to get compensation and rehabilitate the name of my late husband,” adds Ms. Kiobel.
After fleeing Nigeria and gaining US citizenship, Ms. Kiobel took Shell before an American federal court in 2002. After years of litigation, the court dismissed the case in 2013, claiming that a conflict between a Nigerian business, the SPDC, and Nigerian claimants cannot be heard in an American court.
Undeterred, Ms. Kiobel has now filed a civil case in a Dutch court. “At this point we’re waiting for the Dutch court to set a date. Instead of facing me in court, they have been trying to prevent this case from even being heard before a judge,” says Ms. Kiobel.
Although the idea of a treaty draws huge international support, bringing EU countries and others in the West on board may be difficult if not impossible. So far, both powerful players in international diplomacy have yet to back the effort.
European diplomats are concerned that binding obligations for international business could harm international trade, documents retrieved in Brussels through a Freedom of Information request reveal.
“We were a little surprised by the vigour of European resistance against this treaty,” says Jane Nalunga of the Uganda-based nongovernmental organization (NGO) Southern and Eastern Africa Trade Information and Negotiations Institute (SEATINI).
SEATINI was established in 1996 to lobby policy makers and consult with western NGOs, the UN and other international organisations to push an agenda of sustainable and inclusive development.
“The problem is that African governments… fear that laws on human rights or the environment might chase away international investors,” said Ms. Nalunga.
“In Uganda a foreign company needs to take an environmental assessment. But the outcome is not legally binding. International legislation could make these assessments mandatory on the international level, thus ending the dynamic of African states competing for investment and neglecting their human rights responsibilities.”
The Binding Treaty on Business and Human Rights will not immediately lead to the land of milk and honey, argues Lucas Roorda, a policy adviser at the College for Human Rights in Utrecht, the Netherlands. Mr. Roorda wrote a dissertation on the liability of multinational corporations.
“A set of international rules would of course directly impact cases like Kiobel versus Shell,” he says. “But there’s also a lot of wishful thinking around this treaty. International rules can establish better access to justice for activists but wouldn’t solve the power discrepancy between multinationals and poor communities.”
He doubts that a full-fledged human rights court will be realized through international negotiations. “Setting up an international tribunal for human rights abuses costs a lot of money, while rich countries in Europe and the US are opposed to such a tribunal.”
Mr. Roorda prefers a treaty that lays out international norms that member states would then be obliged to legally adopt, adding, “That could actually make it easier to bring a case involving the Nigerian subsidiary of Shell before a Dutch court.”
While Ecuador’s treaty would make rules binding on an international level (through a tribunal, fines or some other mechanism), Mr. Roorda would like member states to adopt international rules agreed upon in the treaty but not create an international court.
The long-term impact of international legislation goes beyond the establishment of a tribunal, explains Ms. Nalunga. “Besides adjusting the direct power imbalance between international investors and the poor communities in which they operate, this treaty could end the discrepancy between trade agreements and human rights.”
Environmental and human rights activists and countries experiencing the impact of the activities of some multinationals may debate the best way to achieve the goal of holding multinationals accountable. What is not debatable is the need to end impunity.
*Africa Renewal is published in English and French by the Strategic Communications Division of the United Nations Department of Global Communications. Its contents do not necessarily reflect the views of the United Nations or the publication’s.
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Hans Wetzels is a writer for Africa Renewal* published by the United Nations
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A young girl whose family fled the Boko Haram insurgency stands in front of a tent in a camp for internally displaced persons in Maiduguri, Nigeria. Boko Haram has abducted thousands of girls and forced them into unwanted marriages and enslavement. Credit: Sam Olukoya/IPS
By Sam Olukoya
MAIDUGURI, Nigeria, Apr 25 2019 (IPS)
“They forcefully took us away and kept us like prisoners,” Lydia Musa, a former Boko Haram captive who was abducted at the age of 14 during an attack on her village in Gwoza, in Nigeria’s north eastern Borno State, tells IPS. Musa and two other underaged girls were captured and forced to marry Boko Haram fighters in spite of their protests that they were too young to marry.
“You must marry whether you like it or not they told us as they pointed guns at us,” the now 16-year-old girl recalls.
Boko Haram’s violation of the rights of women and children paints a larger picture of human trafficking, forced marriages and enslavement in Nigeria.
As the extremist group enters the 10th year of its insurgency, it remains formidable enough to abduct women and children at will, continuing “to prey on women and girls as spoils of war,” Anietie Ewang, Nigeria country researcher at Human Rights Watch, said in a statement.
This West African nation has the highest incidence of Africans being trafficked through the Sahara Desert and the Mediterranean Sea to Europe. The north and north eastern parts of the country, where Boko Haram is active, have high incidences of forced marriages, while across the country there are frequent cases of young girls being ‘traded’ as modern day slaves.
The group, whose name means ‘Western education is forbidden’, is reputed to be among the five-deadliest terror groups in the world. It has been involved in a violent campaign for strict Islamic rule in north east Nigeria and in parts of the neighbouring states of Cameroon, Chad and Niger. More than 20,000 people have been killed since the start of the insurgency in 2009.
Boko Haram is also involved in the kidnapping, trafficking and enslavement of children and women. Hundreds of women and children have been abducted since the group’s insurgency started. But Boko Haram’s most well-known abduction occurred in April 2014, when 276 female students were taken away from their dormitory at the Government Secondary School, Chibok, in Borno State.
The abduction started a global campaign #BringBackOurGirls.
A few months after the Chibok girls were abducted, Boko Haram’s leader, Abubakar Shekau, said he would sell them. “I am the one who captured all those girls and I will sell all of them,” he said in an online video in which he justified human slavery. “Slavery is allowed in my religion and I shall capture people and make them slaves.”
Consequently there have been other mass abductions of children in the region since the Chibok incident. In March 2015, Boko Haram fighters abducted more than 300 children from Zanna Mobarti Primary School in Damasak; while 116 female students from the Government Girls Science and Technical College, in Dapchi, Yobe State, were abducted in February 2018 during an attack on the school.
“The way Boko Haram hold women and children against their will is by itself a form of slavery,” Rotimi Olawale of the group Bring Back Our Girls (BBOG) tells IPS. The group is involved in a powerful campaign for the speedy and effective search and rescue of the Chibok girls and other abducted women and children.
Olawale says Boko Haram is also using captives, like the Chibok girls, as “valuable bargaining chips” to collect ransoms and secure the release of their members held in Nigerian prisons. While many of the Chibok girls are still missing five years after their abduction, others escaped or were released by Boko Haram in deals made with the Nigerian government. But 112 girls are reportedly still missing.
In an apparent reference to Boko Haram, the United Nations Children’s Fund (UNICEF) says that since 2012, non-state armed groups in north east Nigeria have recruited and used children as combatants and non-combatants, raped and forced girls to marry and committed other grave violations against children.
Accounts by others who escaped from Boko Haram’s captivity confirm this.
Ali Mohammed is also a former Boko Haram captive. He tells IPS that while in captivity he saw Boko Haram members using captive girls as sex slaves. “At night they freely go to where the girls are kept to pick them for sex,” he explains.
Another former Boko Haram captive who preferred to be called Halima says male children born through sexual slavery are being breed to be the new generation of Boko Haram fighters. Halima, who gave birth to twins (a boy and a girl), tells IPS how Boko Haram members always celebrate when a baby boy is born in their camps.
“Once they realise it is a male baby they will start shooting their guns into the air in happy mood saying that a new leader has been born,” she says.
“After I delivered the babies, they carried the male in jubilation and were chatting Allah Akbar, in contrast, they did not show any joy with the female, they did not even touch her.”
Boko Haram’s abduction of young persons are in part aimed at turning them into fighters. UNICEF says between 2013 and 2017 more than 3,500 children, most of whom were aged 13 to 17, were recruited by non-state armed groups who used them in the armed conflict in north east Nigeria. UNICEF says the true figures are likely to be higher because its figures are only of those cases that have been verified.
Musa confirms that while in captivity she saw abducted boys being trained to be Boko Haram fighters. “In the mornings, they normally teach them how to shoot guns and carry out attacks,” she says, adding that some of the boys were just 10 years old.
Boko Haram is also known to train children to become suicide bombers. A UNICEF report in 2017, says between January and August of that year, 83 children, mainly girls, were used by Boko Haram as suicide bombers. The UN’s children agency said this figure was four times higher than it was for 2016.
Attempts to use legislation to address such abuses as child marriage, sexual abuse, trafficking and abduction have failed in the past. In 2003, Nigeria adopted the Child Rights Act as a legal documentation to protect children from these abuses. Currently the country’s constitution does not have a minimum age of marriage. Though the Child Rights Act set the marriageable age as 18, it failed in part because a number of Nigeria’s 36 states refused to domesticate the law.
“It was also a failure in states where it was adopted because it only existed on paper and was not enforced,” Betty Abah, a women and children’s rights activist, tells IPS.
In 2016, Nigeria’s male-dominated senate voted against a Gender and Equal Opportunities Bill. The bill in part prohibits trafficking, sexual abuse and exploitation of women and children. The bill, which also prohibits forced marriage, set 18 as the minimum legal age for marriage.
According to UNICEF, 43 percent of girls in Nigeria are married off before they turn 18. Some of the lawmakers who voted against the bill cited such grounds as their religion which permitted underaged marriage.
“It sends a very bad signal that we have a long way to go if those who are supposed to make laws to protect women and children feel these laws are not necessary,” Abah says.
In the meantime, Musa, may have fled the captivity of Boko Haram but she is too terrified to return home. She now lives in Maiduguri, which is also in Borno State and about 130 kms from Gwoza.
She tells IPS she is home sick. “I am always praying for the crisis to end so that I can return home, for now I cant go back because I don’t want to risk being taken away by Boko Haram again.”
—————————————–The Global Sustainability Network ( GSN ) http://gsngoal8.com/ is pursuing the United Nations Sustainable Development Goal number 8 with a special emphasis on Goal 8.7 which ‘takes immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms’.
The origins of the GSN come from the endeavours of the Joint Declaration of Religious Leaders signed on 2 December 2014. Religious leaders of various faiths, gathered to work together “to defend the dignity and freedom of the human being against the extreme forms of the globalization of indifference, such us exploitation, forced labour, prostitution, human trafficking” and so forth.
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This is part of a series of features from across the globe on human trafficking. IPS coverage is supported by the Riana Group.
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