Abstract
All religions can both inflict and suffer from abuses of human rights. This chapter asks what it might be about new religious movements (NRMs), “cults,” or “sects” that could make them peculiarly susceptible to such discrimination. Is it that there is something intrinsic to an NRM that invites others to feel the need to treat them as deserving of a special kind of control? And/or is it that there is something about societies that encourages them to restrict the freedom of new religions?
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References
Meredith B. McGuire, Religion: The Social Context, 4th ed. (Belmont, Calif.: Wadsworth, 1997), chap. 5.
No attempt is going to be made here to explore all the problems to which attempts to define religion have given rise. I have, however, discussed the general dilemma in Eileen Barker, “But Is It a Genuine Religion?” in Between Sacred and Secular: Research and Theory on Quasi Religion, ed. Arthur Greil and Thomas Robbins (Greenwich, Conn.: J AI Press, 1994).
For the distinction between characterizing and appraising value judgements, see Ernest Nagel, The Structure of Science: Problems in the Logic of Scientific Explanation (London: Routiedge, 1961); and for a discussion on the use of definitions in social science, see Eileen Barker, “The Scientific Study of Religion? You Must Be Joking!” Journal for the Scientific Study of Religion 34, no. 3 (1995): 287–310.
A university chaplain once told me that he could not call the International Society of Krishna Consciousness a religion because (despite the fact that it would fit all the criteria he would normally use in defining “religion”) there were “not enough rooms”—and the university had a rule that each religion should have a room. When I asked whether it might not be more honest to change the rule, he replied in a shocked voice that to do that could be seen as religious discrimination.
Meredith B. McGuire, Religion: The Social Context, 4th ed. (Belmont, Calif.: Wadsworth, 1997), chap. 5.
For the distinction between characterizing and appraising value judgements, see Ernest Nagel, The Structure of Science: Problems in the Logic of Scientific Explanation (London: Routiedge, 1961); and for a discussion on the use of definitions in social science, see Eileen Barker, “The Scientific Study of Religion? You Must Be Joking!” Journal for the Scientific Study of Religion 34, no. 3 (1995): 287–310.
Eileen Barker, “Watching for Violence: A Comparative Analysis of the Roles of Five Cult-Watching Groups,” in Cults, Religion and Violence, ed. David G. Bromley ( Cambridge: Cambridge University Press, 2002 ).
The “lower” or “outer” levels of Aum Shinrikyo and the Solar Temple were unaware of the atrocities planned by the inner core of their leadership.
Eileen Barker, “The Cage of Freedom and the Freedom of the Cage,” Society 33, no. 3 (1995): 53–59.
Eileen Barker and Jean-François Mayer, eds., Twenty Tears On: Changes in New Religious Movements ( London: Sage, 1995 ).
Information listing some of these acts of discrimination can be found in reports published by the International Helsinki Federation for Human Rights www.ihf-hr.org; Amnesty International www.amnesty.org; the OSCE www.osce.org/docs/; the Keston Institute www.keston.org; Human Rights Without Frontiers www.hrwf.net; and the US State Department http://www.state.gov/g/drl/hr/index.cfm?id==1470. See also Alfonse D’Amato, ed., Religious Intolerance in Europe Today (Washington, D.C.: US Government Printing Office, 1997).
People’s Republic of China, Li Hongzhi and His ccFalun Gong“: Deceiving the Public and Ruining Lives (Beijing: New Star, 1999 ); Danny Schechter, Falun Gong’s Challenge to China: Spiritual Practice or ccEvil Cult»? ( New York: Akashuc, 2000 ).
See the Falun Dafa Information Center website http://www.faluninfo.net/.
Catherine Wessinger, How the Millennium Comes Violently: From Jonestown to Heaven’s Gate (Chappaqua, N.Y.: Seven Bridges Press, 2000 ); Stuart Wright, ed., Armageddon in Waco: Critical Perspectives on the Branch Davidian Conflict ( Chicago: University of Chicago Press, 1995 ).
N. L. Lheureux et al., Report on Discrimination against Spiritual and Therapeutical Minorities in France ( Paris: Coordination des Associations et Particuliers Pour la Liberté de Conscience, 2000 ).
Rosalind Russell, “Jehovah Witnesses take Georgia case to Europe court [sic]” Reuters, 5 July 2001.
Antonio Benanatcourt, “Unification Church,” in Religious Freedom and the New Millennium, ed. Dan Fefferman (Falls Church, Va.: International Coalition for Religious Freedom, 2000 ), 460–61.
Antonio Benanatcourt, “Unification Church,” in Religious Freedom and the New Millennium, ed. Dan Fefferman (Falls Church, Va.: International Coalition for Religious Freedom, 2000 ), 460–61.
See, for example, Michel Richard, “Sectes: la chasse est ouverte,” [Sects: The Hunt is On] Le Point, 13 January 1996, 1217.
AP Paris, “Bomb Hits Paris Cult Bookstore,” Los Angeles Times, 14 August 1996; see burn.ucsd.edu/ archives/ats-1/1996.Aug/0022.html.
It might be added that there are antagonists on “both sides” who appear to revel in what have been called “atrocity tales,” recounting with something akin to glee how the other side has hounded “their side” by carrying out acts of discrimination or persecution.
For a remarkably frank account by a déprogrammer of his (often violent) participation in this illegal practice, see Ted Patrick and Tom Dulack, Let Our Children Go ( New York: Ballantine, 1976 ).
It might be added that there are antagonists on “both sides” who appear to revel in what have been called “atrocity tales,” recounting with something akin to glee how the other side has hounded “their side” by carrying out acts of discrimination or persecution.
For a remarkably frank account by a déprogrammer of his (often violent) participation in this illegal practice, see Ted Patrick and Tom Dulack, Let Our Children Go ( New York: Ballantine, 1976 ).
Eileen Barker, New Religious Movements: A Practical Introduction (London: HMSO, 1989), Appendix III; Thomas S. Brandon, New Religions, Conversions and Deprogramming: New Frontiers of Religious Liberty (Oak Park, 111.: The Center for Law and Religious Freedom, 1982)
David G. Bromley and James T. Richardson, eds., The Brainwashing/Deprogramming Controversy ( New York: Edwin Mellen Press, 1983 )
James T. Richardson et al., “Leaving and Labeling: Voluntary and Coerced Disaffiliation from Religious Social Movements,” Research in Social Movements, Conflicts and Change 9 (1986): 97–126
Anson D. Shupe and David G. Bromley, The New Vigilantes: Déprogrammer s, Anti-Cultists, and the New Religions ( Beverly Hills: Sage, 1980 ).
Manabu Watanabe, “Reactions to the Aum Affair: The Rise of the ‘Anti-Cult’ Movement in Japan,” Bulletin of the Nanzan Institute for Religion and Culture 21 (1997): 43.
Wim Haan, “The Oracle of Ifa and the Verdict of the Court: A Failed Attempt to Deprogram from the African ‘Ifa’ Religion,” www.bezinningscentrum.nl/tecksten/wim_eng/oracle.htm (1997).
Livia Bardin, Coping with Cult Involvement: A Handbook for Families and Friends (Bonita Springs, Fla.: American Family Foundation, 2000 ); Carol Giambalvo, Exit Counselling: A Family Intervention: How to Respond to Cult-Affected Loved Ones ( Bonita Springs, Fla.: American Family Foundation, 1992 ).
Lee Coleman, Psychiatry the Faithbreaker: How Psychiatry Is Promoting Bigotry in America (Sacramento: Center for the Study of Psychiatric Testimony, 1982); James T. Richardson, “Sociology and the New Religions: ‘Brainwashing,’ the Courts, and Religious Freedom,” in Witnessing for Sociology: Sociologists in Court, ed. Pamela J. Jenkins and Steve Kroll-Smith ( Westport, Conn.: Praeger, 1996 ), 115–34
Thomas Robbins and Dick Anthony, “Deprogramming, Brainwashing and the Medicalization of New Religious Movements,” Social Problems 29 (1982): 283–97.
Anti-Sectes: De L’assistancea L’amalgame (Lampeter: Edwin Mellen Press, 1999); Drew Youngman, Double Standards: An Independent View of Religious Discrimination in Australia (Australia: n.p., 1995 ).
Peter L. Berger and Thomas Luckmann, The Social Construction of Reality: Everything That Passes for Knowledge in Society ( London: Allen Lane, 1967 ).
Eileen Barker, “Will the Real Cult Please Stand Up? A Comparative Analysis of Social Constructions of New Religious Movements,” in The Handbook of Cults and Sects in America, ed. David G. Bromley and Jeffrey Hadden (Greenwich, Conn.: JAI Press, 1993); Barker, “The Scientific Study of Religion? You Must Be Joking!” 287–310.
For descriptions of the rise of organized opposition to NRMs in the United States, Europe, and Japan, see, for example, James Beckford, Cult Controversies: The Societal Response to the New Religious Movements ( London: Tavistock, 1985 )
Garay, L’activisme Anti-Sectes; Marat Shterin and James T. Richardson, “Effects of the Western Anti-Cult Movement on Development of Laws Concerning Religion in Post-Communist Russia,” Journal of Church and State 42, no. 2 (2000): 247–71
Anson Shupe and David G. Bromley, Anti-Cult Movements in Cross-Cultural Perspective ( New York: Garland, 1994 )
Shupe and Bromley, The New Vigilantes: Deprogrammers, Anti-Cultists, and the New Religions; Watanabe, “Reactions to the Aum Affair,” 32–48. For examples of publications by members of these groups, see Ronald Enroth, The Lure of the Cults ( New York: Christian Herald, 1979 )
Steven Hassan, Combatting Cult Mind Control: Protection, Rescue and Recovery from Destructive Cults ( Wellingborough: Aquarian Press, 1988 );
Margaret Singer and Janja Lalich, Cults in Our Midst: The Hidden Menace in Our Everyday Lives ( San Francisco: Jossey-Bass, 1995 ).
Barker, “Watching for Violence.”
For reasons of space, the role of the Internet cannot be explored here, but it ought to be at least mentioned that it is playing an increasingly important role in shaping our images of reality. One commentator has, indeed, coined the phrase “Internet terrorism” to describe some of the “dirty tricks” that are entered into through this particular medium: Massimo Introvigne, “’So Many Evil Things’: Anti-Cult Terrorism via the Internet,” in Religion on the Internet: Research Prospects and Promises, ed. Jeffrey K. Hadden ( New York: Elsevier Science, 2000 ), 281.
The déprogrammer, Ted Patrick, is quoted as having said “What I do is not kidnapping. What I do is rescuing. When I deprogram a person he has already been unlawfully imprisoned. His mind has been unlawfully imprisoned by a cult” (“Playboy Interview with Ted Patrick,” Playboy, March 1979, 53, 58, 77, 120 ).
Eileen Barker, The Making of a Moonie: Brainwashing or Choice? ( Oxford: Blackwell, 1984 ).
Dick Anthony, “Religious Movements and Brainwashing Litigation,” in In Gods We Trust: New Patterns of Religious Pluralism in America, 2d ed., ed. Thomas Robbins (New Brunswick: Transaction, 1990), 295–344; Richardson, “Sociology and the New Religions.”
Eileen Barker, “Authority and Dependence in New Religious Movements,” in Religion: Contemporary Issues, ed. Bryan R. Wilson (London: Bellew, 1992), 237–55. It has been remarked more than once that it would be difficult to find many organizations that are as efficient in instilling obedience and a particular outlook on the world as the US Marines. See Coleman, Psychiatry the Faithbreaker, 24.
On 30 May 2001, the French Senate adopted the following passages as an amendment to the Law for the Prevention and Repression of Sectarian Movements: “Sect. 223–15–2.—The fraudulent abuse of the state of ignorance or the condition of weakness of either a minor… or of a person in a state of psychological or physical subjection resulting from serious pressures exercised or repeated or from techniques likely to alter his judgment, leading this minor or this person to an act or an abstention which are seriously harmful to him, is sentenced to three years in prison and a 2,500,000 Francs fine. When the offence is committed by the legitimate or de facto leader of a group which is pursuing activities with the purpose or effect to create, maintain or exploit the psychological or physical subjection of persons taking part in these activities, the sentences are extended to five years in prison and a 5,000,000 Francs fine” (Sénat session ordinaire no. 83, 2000–2001).
Daniel G. Hill, A Study of Mind Development Groups, Sects and Cults in Ontario (Ontario: The Queen’s Printer, 1980 )
Tobias A. M. Witteveen, Overheid En Nieuwe Religeuze Bewegingen ( The Hague: Tweede Kamer, 1984 )
Alain Vivien, Les Sectes En France: Expression De La Liberté ( Paris: La Documentation Française, 1985 )
A. Kulikov, Inquiry on the Activities of Certain Foreign Religious Organizations (Moscow: Ministry of Internal Affairs of the Russian Federation, 1996 ); Duquesne and Luc Willems, Enquete Parlementaire Visant A Élaborer Une Politique En Vue De
Daniel G. Hill, A Study of Mind Development Groups, Sects and Cults in Ontario (Ontario: The Queen’s Printer, 1980 )
Tobias A. M. Witteveen, Overheid En Nieuwe Religeuze Bewegingen ( The Hague: Tweede Kamer, 1984 )
Alain Vivien, Les Sectes En France: Expression De La Liberté ( Paris: La Documentation Française, 1985 )
A. Kulikov, Inquiry on the Activities of Certain Foreign Religious Organizations ( Moscow: Ministry of Internal Affairs of the Russian Federation, 1996 )
Duquesne and Luc Willems, Enquete Parlementaire Visant A Élaborer Une Politique En Vue De Lutter Contre Les Practiques Illégales Des Sectes Et Le Danger Qu}elles Représentent Pour La Société Et Pour Les Personnes, Particulièrement Les Mineurs Dge (Brussels: Belgian House of Representatives, 1997 )
Ortrun Schàtzle, New Religious and Ideological Communities and Psychogroups in the Federal Republic of Germany: Final Report of the Enquete Commission on aSo-Called Sects and Psychogroups“ ( Bonn: German Bundestag, 1998 )
John G. Foster, Enquiry into the Practice and Effects of Scientology ( London: Her Majesty’s Stationery Office, 1971 )
Donald M. Fraser, Investigation of Korean-American Relations (Washington, D.C.: US House of Representatives, 1978 )
Franz-Josef Kniola, Zur Frage Der Beobachtung der scientology-Organisation Durch die Verfassungsschutzbehorden ( Diisseldorf: Innenministerium des Landes Nordrhein-Westfalen, 1997 ).
Richard Cottrell, The Activity of Certain New Religions within the European Community ( Strasbourg: European Parliament, 1984 )
John Hunt, Report on Sects and New Religious Movements ( Strasbourg: Council of Europe Parliamentary Assembly, 1991 )
Maria Berger, Draft Report on Cults in the European Union (Strasbourg: European Parliament, 1997)Adrian Nastase, Illegal Activities of Sects (Strasbourg: Council of Europe Parliamentary Assembly, 1998).
The differences between the Reports and their recommendations are compared in some detail in James T. Richardson and Massimo Introvigne, “’Brainwashing’ Theories in European Parliamentary and Administrative Reports on ‘Cults’ and ‘Sects,’” Journal for the Scientific Study of Religion 40, no. 2 (June 2001): 143–68. Another useful overview can be found in the European Consortium for Church and State Research, New Religious Movements and the Law in the European Union, vol. 15 ( Milan: Università degli Studi di Milano, 1997 ).
Willy Fautré, éd., The Belgian State and the Sects: A Close Look at the Work of the Parliamentary Commission of Inquiry on Sects3 Recommendations to Strengthen the Rule of Law, vol. 10, 1/2 (Brussels: Human Rights Without Frontiers, 1998); Massimo Introvigne and J. Gordon Melton, eds., Pour En Finir Avec Les Sectes: Le Débat Sur Le Rapport De La Commission Parlementaire (Paris: CESNUR, 1996). See also the chapter by Fautré et al. in this volume.
Willy Fautré, éd., The Belgian State and the Sects: A Close Look at the Work of the Parliamentary Commission of Inquiry on Sects3 Recommendations to Strengthen the Rule of Law, vol. 10, 1/2 (Brussels: Human Rights Without Frontiers, 1998); Massimo Introvigne and J. Gordon Melton, eds., Pour En Finir Avec Les Sectes: Le Débat Sur Le Rapport De La Commission Parlementaire (Paris: CESNUR, 1996). See also the chapter by Fautré et al. in this volume.
Interestingly, the US State Department has a subheading in its Annual Report on International Religious Freedom that reads: “Stigmatization of Certain Religions by Wrongfully Associating them with Dangerous ‘Cults’ or ‘Sects’” (Annual Report on International Religious Freedom, 5 September 2000, xxiv).
Eileen Barker, “But Who’s Going to Win? National and Minority Religions in Post-Communist Society,” in New Religions in Central and Eastern Europe, ed. Irena Borowik (Krakow: Nomos, 1997 ), 7–44.
Ingvardsson, Wallbom, and Grip, “I God Tro: Samhàllet Och Nyandligheten,” 52–67.
Mainly branches of the Association for the Defense of the Family and the Individual (ADFI).
Ingvardsson, Wallbom, and Grip, “I God Tro: Samhàllet Och Nyandligheten,” 52–67.
Mainly branches of the Association for the Defense of the Family and the Individual (ADFI).
Joseph A. Bosco, “China’s French Connection,” Washington Post, 10 July 2001, editorial; O. Santa Maria and H. Cossio, “Members of Parliament seek to cancel the legal status of these organizations: 20 cults under investigation,” Mercurio de Valparaiso, 5 April 2001; Jorge Pizarro, “Sectas y Estado de Derecho,” Mercurio de Valparaiso, 12 April 2001; for the Parliamentary Commission’s profile of destructive cults, see El Mercurio de Valparaiso, 15 April 2001.
Ingvardsson, Wallbom, and Grip, “I God Tro: Samhàllet Och Nyandligheten,” 52–67.
Mainly branches of the Association for the Defense of the Family and the Individual (ADFI).
Joseph A. Bosco, “China’s French Connection,” Washington Post, 10 July 2001, editorial; O. Santa Maria and H. Cossio, “Members of Parliament seek to cancel the legal status of these organizations: 20 cults under investigation,”
Joseph A. Bosco, “China’s French Connection,” Washington Post, 10 July 2001, editorial; O. Santa Maria and H. Cossio, “Members of Parliament seek to cancel the legal status of these organizations: 20 cults under investigation,” Mercurio de Valparaiso, 5 April 2001
Jorge Pizarro, “Sectas y Estado de Derecho,” Mercurio de Valparaiso, 12 April 2001; for the Parliamentary Commission’s profile of destructive cults, see El Mercurio de Valparaiso, 15 April 2001.
Andrea Desormeaux, “A Law was Approved by Parliament: The French are Determined to put an end to Cults,” El Mercurio de Valparaiso, 16 June 2001.
Andrea Desormeaux, “A Law was Approved by Parliament: The French are Determined to put an end to Cults,” El Mercurio de Valparaiso, 16 June 2001.
Andrea Desormeaux, “A Law was Approved by Parliament: The French are Determined to put an end to Cults,” El Mercurio de Valparaiso, 16 June 2001.
John Witte, ed., Soul Wars: The Problems of Proselytism in Russia. Special Edition of Emory International Law Review, 3 vols. ( Atlanta, Ga.: Emory University School of Law, 1998 ).
John Witte, ed., Soul Wars: The Problems of Proselytism in Russia. Special Edition of Emory International Law Review, 3 vols. ( Atlanta, Ga.: Emory University School of Law, 1998 ).
The full text of the Equal Treatment Act (AWGB 1994) is available in English
A strictly proportional representation would be equally ridiculous—simple mathematics shows that a relatively popular new religion (say ISKCON in the UK) could “be entitled” to something like one second’s broadcast time for every thirty hours of a traditional religion’s broadcast time.
International Helsinki Federation for Human Rights Annual Report, 1988, 12.
The Roman Catholic, Greek Catholic, Lutheran, Reformed, Russian Orthodox, Old Believer, Jewish, Sunni Muslim, and Karaite faiths.
Keston News Service, keston.institute@keston.org, 13 July 2001.
Riita Ziliukaitè and Donatas Glodenis, “Law and Religion in Lithuania” (paper presented at CESNUR annual conference, Riga, Latvia, 29–30 August 2000); Felix Corely, “Lithuania: Controversy Surrounds Four-Tier Religious Status” (Keston News Service, 25 May 2001; see also 22 June 2001 ).
An English translation by Lawrence Uzzell of the 1997 Russian Federation Federal Law on Freedom of Conscience and on Religious Associations can be found as Appendix A of Emory International Law Review 12, no.l (1998): 657–80.
A strictly proportional representation would be equally ridiculous—simple mathematics shows that a relatively popular new religion (say ISKCON in the UK) could “be entitled” to something like one second’s broadcast time for every thirty hours of a traditional religion’s broadcast time.
International Helsinki Federation for Human Rights Annual Report, 1988, 12.
The Roman Catholic, Greek Catholic, Lutheran, Reformed, Russian Orthodox, Old Believer, Jewish, Sunni Muslim, and Karaite faiths.
Keston News Service, keston.institute@keston.org, 13 July 2001.
Riita Ziliukaitè and Donatas Glodenis, “Law and Religion in Lithuania” (paper presented at CESNUR annual conference, Riga, Latvia, 29–30 August 2000); Felix Corely, “Lithuania: Controversy Surrounds Four-Tier Religious Status” (Keston News Service, 25 May 2001; see also 22 June 2001 ).
A strictly proportional representation would be equally ridiculous—simple mathematics shows that a relatively popular new religion (say ISKCON in the UK) could “be entitled” to something like one second’s broadcast time for every thirty hours of a traditional religion’s broadcast time.
International Helsinki Federation for Human Rights Annual Report, 1988, 12.
The Roman Catholic, Greek Catholic, Lutheran, Reformed, Russian Orthodox, Old Believer, Jewish, Sunni Muslim, and Karaite faiths.
An English translation by Lawrence Uzzell of the 1997 Russian Federation Federal Law on Freedom of Conscience and on Religious Associations can be found as Appendix A of Emory International Law Review 12, no.l (1998): 657–80.
Article 14 describes the grounds for “liquidating” a religious organization.
On 10 July 2001, the Salvation Army filed an application with the European Court of Human Rights requesting an intervention to prevent their imminent liquidation by the Russian judicial authorities.
Stephen Brown, “Armenian Church Faces Up to Post-Communist Challenges” Christianity Today, 5 March 2001.
This argument is elaborated in Barker, “But Who’s Going to Win?”
Eileen Barker, “General Overview of the ‘Cult Scene’ in Britain,” Nova Religio 4, no. 2 (2001): 237.
Scientology has, however, managed to be defined as a religion by the 1RS in the US and is recognised as a religion in a number of other countries.
A case in the ECHR concerned a Jehovah’s Witness in Greece who was refused employment as an accountant because he had a criminal record. The criminal record was as a result of his stand as a conscientious objector. The ECHR ruling removed his criminal record and awarded him 9,000,000 Greek drachmas for damages and costs (Thlimmenos v. Greece, App. No. 34369/97 [ECtHR, 6 April 2000]).
V. R Belyanin, et al, Combined Expert Conclusion for the Civil Case 2–452/99,4 October 2000, Golovinsky Intermunicipal Court NAD of the city of Moscow.
Transcript of summation given in the High Court of Justice, Queen’s Bench Division, by Mr. Justice Comyn in Orme v. Associated Newspapers Group Ltd., 30 March 1981, 232.
V. R Belyanin, et al, Combined Expert Conclusion for the Civil Case 2–452/99,4 October 2000, Golovinsky Intermunicipal Court NAD of the city of Moscow.
V. R Belyanin, et al, Combined Expert Conclusion for the Civil Case 2–452/99,4 October 2000, Golovinsky Intermunicipal Court NAD of the city of Moscow.
Unfortunately, social scientists have on occasion succumbed to the request to draw on their expertise to say what a “real” religion is, as though there were some Platonic truth that they have divined. In fact, it should be recognized that their expertise can lie only in making a hypothetical statement (if by religion/cult you mean... then... is/is not a religion/cult), or in reporting what a popular definition or usage of the term is
Eileen Barker, “The British Right to Discriminate,” in Church-State Relations: Tensions and Transitions,ed. Thomas Robbins and Roland Robertson (London: Transaction, 1987), 269–80; Alain Garay, L’activisme
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Barker, E. (2004). Why the Cults? New Religious Movements and Freedom of Religion or Belief. In: Lindholm, T., Durham, W.C., Tahzib-Lie, B.G., Sewell, E.A., Larsen, L. (eds) Facilitating Freedom of Religion or Belief: A Deskbook. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-5616-7_25
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