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Sessions 2 & 3 Governance and SSR

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1 Sessions 2 & 3 Governance and SSR

2 Concept Core Modules Cross Cutting Issues
Session 1: Concept, policy framework & contexts of SSR Core Modules Sessions 2 & 3: Governance & SSR Session 4 & 5: Justice and SSR Session 7 & 8: Security and SSR Session 10 & 11: Integrating Security and Justice Cross Cutting Issues Sessions 6 & 9: Soft skills Session 12 & 13: Trends and Challenges/ Lessons Learning/ Experience sharing

3 Objectives At the end of the module, participants will be able to:
Identify and apply the characteristics of good governance Identify the necessary conditions for good governance Identify the varied and multidimensional challenges of SSR governance Explore practical ways to promote good governance in SSR

4 Talking Borders Videos
‘Talking Borders’ tells the stories of a young female trader, a policeman and an ex-fighter living in the border areas of Sierra Leone, Liberia and Guinea. Based on over 300 interviews, it looks at how petty corruption, routine harassment and bureaucracy affect the daily lives and livelihoods of local people.  Part I: (05:45) Hawa, local trader Part II: (05:57) Brima, police officer

5 What is “Governance”? “Governance refers to the rules, processes, and behaviour by which interests are articulated, resources are managed, and power is exercised in society ” (EU) “how institutions, rules and systems of the state – the executive, legislature, judiciary and military – operate at central and local level and how the state relates to individual citizens, civil society and the private sector” (DFID/UK) “the manner in which power is exercised in the management of a country’s ..resources” (World Bank) 5’ Break-up groups + feed-back 10’. Ask what participants understand by governance Note down key phrases on a flip chart Key aspects: Exercise of legitimate authority, rights and obligations Articulation of interests Responsible use of power Institutions, rules & systems Management of resources How groups and individuals engage with the State At all levels “Governance is the exercise of economic, political and administrative authority to manage a country’s affairs at all levels. It comprises the mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their differences” (UNDP)

6 Good (enough) Governance?

7 Principles of good governance
“Good governance is epitomized by predictable, open and enlightened policy-making, a bureaucracy imbued with a professional ethos acting in furtherance of the public good, the rule of law, transparent processes, and a strong civil society participating in public affairs.” WB A diagram for illustrating some of the characteristics of Good Governance. Discuss with participants what they understand as good governance Governance is a broader notion than ‘government’ and involves the interaction between the formal institutions and those in civil society. (UNDP, 1997)

8 Levels and actors of governance
Governance includes formal and informal consensual arrangements for managing human relationships from local, customary justice to international protocols on a number of global issues. Non-state, sub-national government and intergovernmental actors contribute to justice and security. For SSR programmes, the focus is often on the institutional. Three Levels of Policy & Legislation: Level 1: International norms, principles and law (the frame of reference is the UN system which provides the most universal structures for dealing with security issues, ranging from arms control, to conflict prevention, peacekeeping and peacebuilding. Global security governance is dominated by state and intergovernmental actors. At the regional level, Europe for instance has witnessed a far flung transformation of the security system in terms of a development from government to governance. Not only have national governments and regional organisations – OSCE, NATO, EU – expanded their security functions after the fall of the Berlin wall, but also a variety of private actors, ranging from charities to private security companies, have emerged in regional security governance. Both the AU and the EU have established SSR policies XXX) Level 2: National legislation and policy Level 3: Implementation (legal / illegal) At the national level, security governance refers to the organisation and management of the security sector. Non-state actors, armed groups as well as civil society organisations, also play an important role in national security governance – the former by providing or jeopardising security, the latter by strengthening governance mechanisms. In fragile contexts, the local level of security arrangements may be dominated by national security forces or armed non-state actors. The business sector can also encompass a shadow economy linked to violent non-state actors who exploit gaps in the state’s governance. Key policy documents form various international actors see Handout “Multilaterals” OECD DAC Illustration: Brasil (Victoria)

9 Poor governance and the Consequences
“Poor governance, on the other hand, is characterised by arbitrary policy making, unaccountable bureaucracies, unenforced or unjust legal systems, the abuse of executive power, a civil society unengaged in public life, and wide-spread corruption.” Consequences Narrow focus on security Poorly defined roles Limited or no capacity development Lack of clear consensus from Donors “Poor governance, on the other hand, is characterised by arbitrary policy making, unaccountable bureaucracies, unenforced or unjust legal systems, the abuse of executive power, a civil society unengaged in public life, and wide-spread corruption.” World Bank in Governance: The World Bank’s Experience Photo- Martine Perret- UN- Timor (just a training exercise) PS- Add key words onto slide As stated, governance comes at the heart of reform, even with effect institution building reforms, and security reforms, if little attention is paid to governance, this can lead to imbalances, unchecked powers, concentration of power, corruption, misuse of resources, etc. Example- In Afghanistan, after US intervention what was left unaddressed were critical issues of good governance and the institutionalisation of civilian control over the use of force, over state resources, and over the appointment of senior government officials, as well as strengthening of governmental and non-governmental oversight…without a sustained commitment to ensure that the law assumes a dominant role in restricting government and security force behaviour, government security forces may become the core areas of insecurity for the Afghan public. Additionally, fundamental disagreements over whether to emphasize community-oriented policing, fuelled in part by differences among donors, later delayed the development of the ministry and police forces. Liberia- a legacy of factionalized forces with ill-defined and overlapping roles has limited the state’s ability to confront the growing threat of illicit drug trafficking (USIP, 3) In the former Yugoslavia- security units reported directly to the minister of interior rather than following procedures, allowing the minister to employ them for personal or political interests. The weakness of the Iraq’s Ministry of Interior after 2003 enabled certain factions to build up and rival militias through their control of sections of the ministry. In both cases the absents of clear and transparent procedures and accountability mechanisms within the ministry of interior facilitated political influence and fuelled conflict. In Timor-Leste - failure to develop capacities within the ministry to govern personnel, procurement, budgets and policy enabled leaders to politicize these forces while leaving them hampered by chronic shortages of equipment and logistical capability. In CAR, the constitution stipulates a division of powers amongst the various state branches, with the National Assembly controlling the accounts, the right to declare war, and the right to enquire the executive as to any matter pertaining to security and defence. However, there has been a tradition of excessive deterrence, with the parliament underprepared or unwilling to play a more meaningful and effective role, especially regarding SSR (N’Diaye, 2009). The judiciary also benefits from the provision of separation of powers; yet due to the severe constraints in terms of financial management and personnel, it struggles to operate independently and effectively. With donors and the EU- entering into a country without clear consensus and goals can slow down and be detrimental to the process. It can create confusion amongst advisors, who without clear directive will immediately resort back to their countries experience (which is confusing if you have advisers from different countries). In Kosovo- disagreements among donors over specific procedure and system delays severely slowed down progress, and the government was reluctant to alienate donors by choosing once side or another.

10 Poor governance and the Consequences
Wastes and diverts resources Undermines operational effectiveness Lessens effectiveness of security assistance Aids radicalisation Exacerbates conflict “The abuse of entrusted power for personal or group gain” Petty: Conscription, checkpoint bribery Grand: Procurement, Payroll, Property, Election funds State capture: state structures co-opted by criminal syndicates. Definition Scale How do you measure it? Why care? Absolutes prosecutions - personal experiences Perceptions - of citizens - of business people - of other countries Risk/Vulnerability - existence and implementation of laws and regulations EVT Talk a little about the definition of corruption, especially the aspect of a norm being broken, an expectation unmet, a process subverted. Both legal and illegal corruption.

11 Challenges Resources Culture Knowledge Non-State Support
Here starts the third part of the presentation: Conditions for success Resources: Insufficient resources to adequately manage security providers Over-riding importance given to security over governance in post-conflict settings (and therefore allocation of resources); balancing keeping spoilers on board through posts against introducing a meritocracy system Lack of credible sanctions (e.g. military justice in the DRC where officers can only be tried by military judges who out-rank them, but there are no military judges at the highest ranks, thus leaving the most senior military officers untouchable) Culture: Legislation is often driven and formulated solely by the executive in many African countries and there is no culture (or power) of the Parliament scrutinising and proposing alternatives Fear: human rights monitors often go missing; touching at the very heart of politics; especially prevalent after conflict Micromanagement by minister, with no middle management to carry out the bulk of the work (e.g. ministries in Guinea Bissau) Culture that e.g. defence policy is only the responsibility of the MoD, not the wider government Resistance to checks and balances, especially if it will curb access to corrupt activities or limit power No culture of representation Institutionalised / historical legacy of corruption Culture of secrecy (also accepted within the population) Knowledge: Lack of knowledge of how security and justice providers operate and what their responsibilities are Very difficult to find out what is going on in inaccessible areas (rural, conflict affected, tribal, amongst vulnerable / excluded groups etc) Often very little civilian contact with the military in benign environments, do difficult to build up relationships Absence of suitable tools to monitor governance issues Absence of policies to support better governance of security and justice providers Non-state: Ensuring that policy development reflects the high number of non-state providers often present in developing countries (e.g. AU policy framework specifically refers to informal, customary and traditional security and justice providers: “4.(f) Non-state Security Bodies: such as private security companies, informal, traditional and customary authorities and others, as may be decided by each Member State.“; Powerful decision-making security groups often exist outside of the State, e.g. Nigeria, so state policies either do not have reach and localised policies are made by these actors How to ensure governance of PMSCs Case study: Business actors that can be one of the most important actors because they can have a large impact on governance aspect- for example Indonesia and Ecuador- where PPP were establishe between government and private business and local organisations. Support: IC often supports in such a way as to undermine governance: working only with elites, overwhelming national governance structures, reinforcing a culture of secrecy/lack of transparency, timelines, etc Managing expectations (for both national actors and donors) – governance of the security and justice sector is inherently linked to wider public administrative reform, and isolated support may not make much impact Illustrations: Guinea-Bissau (Victoria) Support

12 The Necessary Conditions for Good Governance
Frameworks (Laws, precedence, policies, regulations, norms) Leadership (vision, initiative, guidance, modelling good behaviour, allocating resources, decision-making ) Management (Structures, performance management, human resource management, financial management) What else is necessary? Followed by this slide… Then we can walk through first what is needed to work toward/achieve good governance…and then cover the principles of good governance b/c that is what you measure – that is how you know you are doing it right (not by having a Framework for example).

13 Policy & Legal Frameworks
What? Laws, Policies precedence, Directives, Regulations and norms International standards and norms What? Laws, policies precedence, directives, regulations and norms, international standards and norms Why? Establish lines of authority To clarify basic responsibilities of all actors Provide clear guidance for disciplinary action Establish standards and values through Codes of Conduct Explicitly acknowledge democratic principles re S&J actors Counter specific threats to good governance of S&J sector Types of frameworks- Legal, political, moral frameworks Examples of various frameworks: Security governance frameworks: Upholds the social contract between state and citizens, protects people and property, and deals with crime and illegal activity while exercising oversight of security forces to ensure legitmate application of coercive force, curbing of abuses and maintenance of the rule of law Constitutional frameworks play an important role in establishing and regulating the formal mechanisms through which input-oriented legitimacy is founded (input oriented means- derived from the consent of those who are asked to comply with the rule of law and to submit voluntarily to the government’s authority). They establish procedural rules for democratic elections and set the framework for governance by establishing the boundaries of governmental power and the government and its citizens. Administrative economic governance- achieves effective provisions of basic services and economic opportunity through rules-driven and transparent policy making, regulations, fiscal arrangements, partnerships, and civil service systems Political governance frameworks guides social decision making and public policy and generates legitimacy through separation of powers, responsive and accountable government, representation and inclusiveness, and protection of basic rights for all citizens. International / regional: Human rights framework- frameworks that incorporate the international standards on human rights International law frameworks- frameworks that remain consistent with international law. Copenhagen Criteria ex. – adopted by the EU and includes requirements for « stable institutions that guarentee democracy, rule of law, human rights, and respect for and protection of minorities (to enter the EU) » Examples: CSDP (Common Defense and Defense Policy) – example of a policy framework established within the EU. Used as tool for developing nations, hoping to integrate in the EU, this policy has been apply to over 22 field missions, aimed at employing civilian capacity to address the rule of law and civilian security. The EC has adopted SSR as a core activity for CSDP missions, to include ‘oversight/budget control, administration, transparency and accountability, as well as political control and ‘co-locating experts to the national ministry of home affairs to monitor, mentor, and advise local authoritiesin issues related to home affairs policy” Regional frameworks AU and EU have SSR frameworks in which issues, norms, ideals, (etc) of governance are incorporated.

14 Leadership Leadership Characteristics of effective leaders
Local ownership Political dimension and Political Will Top down and bottom up leadership Non State Actors Sustainable Characteristics of effective leaders How to cultivate effective leaders? Photo: UN photo Link to local ownership- For SSR programmes to be sustainable, it is essential that they are owned by local stakeholders. This is important that there is space open for people within the institutions, civil society, etc, to lead, and to ensure that the donor is not driving the process. Political Dimension - a major aspect of leadership is its role in initiating SSR, maintaining the momentum and guiding the process through the quagmire of power relations. This includes making sure that there is political will within the organisations or institutions. Without the political will, very little can be achieved in terms of governance. Top down Bottom up Leadership is not something limited to elites. It is important that we recognise that leadership is not always derived from a hierarchical top down manner. Leaders can be public servants, or practioners, financial agent, strategic advisers to the ministries of defence and public security, the heads of the Programme Management Units for defence and public security, programme director to individuals working within a police force, or members of CSOs. Those who are perceived as legitimate leaders could be very different from those who are given the power to lead. This needs to be kept in mind that non-state actors are additionally seen as leaders at time, especially when the governing institutions are perceived as unfit to lead. The important aspect is to identify who these people are. Examples (NON State): Burundi Leadership Training Program The Woodrow Wilson International Center for Scholars, and its local partner, the Burundi Leadership Training Program, worked from in helping to manage the Burundi transition from post-conflict to sustainable democratic governance through a project that brought together diverse leaders from across the political and socio-economic spectrum to build their collaborative capacities to implement the recovery agenda. In 2009, in cooperation with the Ministry of Education, and with funding from USAID, the Wilson Center and BLTP undertook a remarkable and innovative program to imbed this new “culture” of non-violent problem solving in the youth of Burundi by developing, testing, and producing a curriculum in conflict resolution for teaching in the secondary school system.  Afghanistan example- (incorporates questions of Gender and Representation and Participation) Sustainable- It is important that effective leadership additionally influence the institution and organisation from which it is in. Example- Victoria- Moldova Case (I added ‘sustainable,’ as a title, but maybe this could be moved up or used somewhere else in the leadership section). Characteristics of a strong leader Are the perceived as Legitmate? Are they effective? Are they structured correctly to do their job? Do they have the right resources? Are the right policies in place? Are they being managed correctly? Are they accountable? Are they governed by laws? Are we able we find out if they are acting within the law? What happens if they are not acting within the law? Personality traits- Are they approachable? Are they flexible and inclusive of others ideas? Are they clear about their stated visions, aims, or goals? How to cultivate strong leaders? (DISCUSSION)

15 Management Tools Organizational Structure Strategy Procedures
Delegation of Responsibilities Oversight Budget Communication Reporting Analysis Dynamism

16 Principles of Good Governance
Effective and efficient Accountable Transparent Participatory Responsive Rule of Law-Human Rights Let’s return to the principles of good governance – and review how/why they are important. And we can link the ‘structures’ necessary in order to achieve these principles. These would be: Legislative/Policy/Procedural FRAMEWORKS Integrity, Competency, Vision and Initiative in LEADERSHIP Organizational systems and structures needed for successful MANAGEMENT Legitimacy comes from having a participatory, representative and accountable system…

17 Efficient Security and Justice
Maximize human and financial resources Recruit and Retain the BEST candidates Efficient security institutions maximize human and financial resources. This is not possible without gender equality because efficient use of human resources includes fully utilizing the capabilities and expertise of both women and men and ensuring that investments in human capital are retained (through gender-sensitive retention, promotion and professional development), and not lost for lack of policy infrastructure (for example, family-friendly working conditions) or a discriminatory workplace environment (due to sexual and gender-based harassment). Qualities associated with security provision: Courage Physically fit Education/Intelligence Problem-solving abilities – analytical skills Good communication skills Respectful – trustworthy Hard-working Physical coordination – shooting, etc.

18 Efficient Human Resources
Capt Kristen Griest left and 1st Lt Shaye Haver right will become the first female soldiers ever to graduate from ranger school -- Haver, an Apache helicopter pilot, and Griest, a military police platoon leader, completed the course to the same standards as their 94 male classmates. Of the 380 men and 17 women who started the course, only 96 completed it. According to the Army, 4,057 students attempted the course last year; 1,609 earned the Ranger tab.

19 Effective Provision of Security
I am not a victim of sexual harassment. When sexual harassment occurs in the United States Air Force, the United States Air Force and the citizens of the United States whom we serve are the victims. Because sexual harassment interferes with our military mission. It interferes with the job that I and other professionals has been highly trained to do. Sergeant Zenaida Martinez Source: DCAF GSSR Tool 3, p.5

20 Effective Provision of Security
In 2010, the US Department of Veterans’ Affairs screening diagnosed 108,000 service members with Military Sexual Trauma (MST) DoD estimates actual numbers to be 5-6 times higher… This problem has often been associated with women, but in fact the extent to which it affects men is only beginning to be discovered. Some male victims have come forward and said that the fact that the women were making so much noise about sexual violence in the military encouraged them to come forth. Here we have an example of where integrating a gender perspective has allowed for more efficient oversight and accountability of the security sector, to the benefit of men and women alike. Effectiveness requires gender equality. Effective security institutions meaningfully engage women as well as men. This enables them to deliver security services that can meet the needs of both sexes, making them more effective. Operationally, gender equality allows security sector institutions to identify and meet the security needs of the entire population instead of serving only a part of it. This includes determining the different risk factors for crime perpetration or victimization among men, women, boys and girls. Institutionally, this means ensuring that the workplace environment is free from sexual and gender-based harassment and discrimination, while offering equal opportunity for a diversity of men and women based on their qualifications and capability to perform.

21 Accountable & Transparent Security Services
Internal Control Mechanisms External Oversight Mechanism Accountability requires gender equality. Accountability mechanisms exist to ensure that the legitimacy and resources of the security sector are used exclusively to achieve security institutions’ mandates to fulfil their mission. Women and men from all backgrounds must have equal access to accountability mechanisms, otherwise the security sector risks reinforcing existing gender inequalities by allowing more powerful members of society (including security institutions’ own staff) to dominate others. Internal Control Mechanisms – Chain of command, human resources, complaints and investigation and data collection. External Oversight Mechanisms – Ministry of Interior, Ombuds or Human Rights Institution, Parliamentary Committees, Media, Public Transparency requires gender equality. Transparency makes information accessible to those who are affected by decision-making processes and their implementation. Gender equality is essential to transparency because ensuring that both men and women within security provision, management and oversight bodies (including the public at times) have equal access to information can help ensure that decisions are made impartially, responsively and in accordance with relevant laws and policies. For example, democratic police services can be distinguished by their submission to, and acceptance of, outside supervision and examination and the degree of openness to these examinations.

22 Participatory & Representative Security Services
Representative Security/Justice = Legitimate Security/Justice Provision, management and oversight Participation/Access is free, equitable and inclusive Participation requires gender equality. Participation means that the public has the opportunity to participate in decision-making and service provision on a free, equitable and inclusive basis, either directly or through legitimate representative institutions. Gender equality is essential in making participation free, equitable and inclusive because men tend to be vastly overrepresented within security sector institutions and security-related decision-making bodies, including parliaments and national security committees. Its not just that diversity is good for the sake of diversity – rather, humans have very strong in-group associations, including men and women. That means that with only one group represented there is a strong possibility that certain attitudes, beliefs, practices and perspectives can become entrenched – they can reinforce and perpetuate inequalities and discrimination… Representation therefore also becomes a necessity for reform and development.

23 Security Services Responsive to the RoL
Protected by and Accountable to the RoL Publicly known Impartially enforced Consistent with Human Rights and Gender Equality standards Responsiveness requires gender equality. Responsive security sector institutions are sensitive to the security needs of the population and demonstrate a culture of service. Without gender equality responsiveness is impossible because security provision may be based on gender stereotypes or a culture of masculinized values and behaviours that can lead to harassment and discrimination. Gender equality allows the security sector to take a proactive interest in responding to the specific and changing needs of women, men, girls and boys. Rule of law requires gender equality. All individuals, regardless of gender, sex, age, religion, class, sexual orientation or ability, should be protected by and accountable to laws that are known publicly, enforced impartially and consistent with international and national human rights norms and standards. Gender equality is essential to rule of law because it is part of international and national human rights norms and standards and because all men, women, girls and boys must be equally protected by and accountable to the law and justice processes.

24 Gender and Security Puzzle
In one instance in the US military operation in Iraq, many female US soldiers became dehydrated, and two died as a result. Why? © DCAF 2015

25 Gender puzzle Hint It is not about physiological differences between men and women. Sports research has shown that men are four times more likely to suffer from dehydration than women are (men tend to sweat more and drink less water) Hint: it is not about physiological differences between men and women. Sports research has shown that men are four times more likely to suffer from dehydration than women are (men tend to sweat more and drink less water):

26 Gender puzzle Established causal chain
Women’s bathrooms located outdoors, far from barracks. The way to the bathrooms was not lit at night. Several women were assaulted & more harassed near toilet by fellow soldiers at night. Women responded by not drinking after 4pm. No A/C in barracks; temperature reached 50ºC / 120ºF. Several female soldiers died from dehydration in their sleep. The case was investigated and it appeared that the women stopped drinking in the afternoon. They were afraid to go to the toilet during the night, as some of them had been harassed before and a few had been raped by their male colleagues. ( These particular events tooks place at Camp Victory where there were For a fuller discussion, see also Benedict, Helen. The Lonely Soldier: The Private War of Women Serving in Iraq (Boston, MA: Beacon Press, 2010). © DCAF 2015

27 Example map of governance for SSR
Leadership Representation and Participation Frameworks Oversight Policies Management National Assembly Judiciary National Councils Civil Society & Public PM Office and Line Ministries SSR Steering Committee Army Police Anti-Corruption President Constitution Legal Framework Codes of Conduct PRSP SSR Strategy SOPs Internal Monitoring Mechanisms Marc Red is soft institutions (rules, regulations, laws), Blue is hard institutions (actors, departments); regional covers both soft and hard institutions (e.g. AU policy framework and AU / ECOWAS representatives – see report underneath for example from Guinea Bissau) ECOWAS delegation to meet with Guinea Bissau's military junta English.news.cn   :22:54              ABUJA, April 16 (Xinhua) -- An Economic Community Of West African States (ECOWAS) delegation is due to arrive Guinea Bissau Monday to meet and deliver a special message from its chairman to the military junta, reiterating its principled position of rejecting the unconstitutional take-over of power, a statement by the regional bloc has said. The delegation led by President of ECOWAS Commission Kadre Desire Ouedraogo comprises, among others, the minister of foreign affairs of Cote d'Ivoire, Nigeria's minister of state for foreign affairs and the chiefs of defense staff of Benin, Burkina Faso, Cote d'Ivoire, Guinea, Nigeria and Senegal. It will also include representatives of the African Union and the United Nations, political officers from ECOWAS member states and officials of the commission. According to the statement, the delegation will reaffirm ECOWAS' rejection of the coup which has been widely condemned by the international community, including the AU and UN, and impress on the junta to restore constitutional rule immediately. (However, international governance does not always amount to much……) In its strong reaction to the military coup, the ECOWAS Commission particularly expressed disappointment with the timing, coming just days after a joint ECOWAS-AU-UN mission had met with the military hierarchy to warn against any temptation to disrupt the ongoing electoral process in the country. The statement warned that the coup-makers would be held responsible for the safety and security of political leaders, the population, institutions and property in the country and reminded them of the ECOWAS' zero tolerance for power obtained by unconstitutional means, as enshrined in the supplementary protocol on "democracy and good governance". The ECOWAS Mediation and Security Council, which met at the ministerial level just before the announcement of the coup, had also recommended the dispatch of a military contingent to Guinea Bissau to ensure the effective implementation of the regional road map for the country's defence and security sector reform program as well as secure persons and property during the scheduled April 29 presidential run-off election and ensure the sanctity of the electoral process. Regional Transparency / Legitimacy

28 Principles of Good Governance
Efficient/Effective/Responsive Participatory/Inclusive/Representative Transparent/Accountable Rule of Law & Human Rights Conditions Necessary for GG & SSR: Policy/Legal Frameworks Leadership/Integrity/Political Will Management Structures/Systems Total time 2 minutes


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