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THE REPUBLIC OF UGANDA

DRAFT REPORT OF THE COMMITTEE ON DEFENCE AND INTERNAL


AFFAIRS ON THE ETHNIC TENSIONS IN THE RWENZORI SUB-REGION
July 2013
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1.0 INTRODUCTION
On Thursday, 12 July 2012, a matter of national importance in respect of
the security of the people of the Rwenzori region and the Rwenzururu
Kingdom in particular was raised in the House by Hon. Nzoghu William
(FDC, Busongora County North, Kasese). He specifcally cited the fracas
betweenpitting the Bakonzo andagainst the Bamba during the
celebrations of the 50 years of the Rwenzururu Freedom Day that took
place on 30
th
June 2012 in Bundibugyo. He further noted other social
disturbances in Kasese largely caused by pronouncements made by the
cultural leader of the Basongora who specifcally agitated for the total
ban of any form of expression and practice of the Rwenzururu culture in
20 sub- counties of Kasese district.
This matter was referred to the Parliamentary Committee on Defence and
Internal Afairs for further scrutiny. The Committee considered this
matter and hereby reports back.
2.0 BACKGROUND TO THE FLARING OF ETHNIC TENSIONS IN THE
RWENZORI SUB REGION IN JUNE 2012
On June 30 2012, His Highness the Omusinga of the Obusinga Bwa
RwenzururuKing Charles Wesley Mumbere of the Rwenzururu Kingdom
visited Bundibugyo District as part of the events to commemorate 50
years of the Rwenzururu Freedom Day
1
during which he inter-alia
inaugurated a Royal Shrine and hoisted a Flag at Kirindi Village in
Bwamba County. Just hours after he left, clashes between the Bakonzo
1
Rwenzururu Kingdom was established in the 1962 as the result of a secessionist movement by the Bakonzo people in
the Rwenzori region of western ganda! "he revolt was led by #umbere$s father% &saya #ukirane% who was recognized as
the region$s king!
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and Baamba-Babwisi communities fared, as the latter argued that they
are not part of the Rwenzururu Kingdom. This left one person dead and
hundreds of Bakonzo displaced.
A month later, on July 1 2012, the Basongora community, one of the
minority ethnic groupstribes in Kasese District installed their own
cultural leader, Ivan Rwigi IV Kabumba Agutamba Bwebale Rutakirwa
and efectively renounced allegiance to the Obusinga bwa Rwenzururu
on the grounds that there was a distinct dichotomy in cultures and
norms between them and the Bakonzo. This resulted into further inter-
ethnictribal clashes.
Further on July 30 2012, a section of the Batuku ethnic grouptribe in
Ntoroko District allegedly wrote to H.E President Yoweri Museveni
banning the visits of both the KingOmukma Oyo of Tooro and of King
Omusinga Charles Mumbere of Rwenzururu in their area. On August 3
2012, the Banyabindi, one of the ethnic groups minority tribes in Kasese
District secretly installed their cultural leader, Isebantu Elisa Mugisa
Entare ya Banyabindi. They now want the government to recognise their
King. At the same time, the Bamba ethnic group in Bundibugyo were in
the process of installing their own cultural leader-the Omudingya of
Bwamba.
It is therefore clear that this upsurge in micro-nationalism and ethno-
centricism is a potential recipe for deeper divisions and confict which
would inevitably cause insecurity and the disruption of the peoples
livelihoods. It is against this background that the Committee delved into
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its investigations of the matter of ethnic tensions in the Rwenzori sub-
region.
3.0 TERMS OF REFERENCE OF THE COMMITTEE
The following were the Terms of Reference of the Committee;
1.Investigate the possible underlying causes of the ethnic tensions in the
Rwenzori sub-region;
2.Examine the efcacy of the steps so far taken by Government to
ameliorate these ethnic tensions;
3.Explore possible remedial measures that can be taken to mitigate this
confict and enhance harmony among the warring factions.
4.Do anyother thing incidental to the above
4.0 METHODOLOGY
In the execution of its mandate, the Committee;
i). Held meetings with the following;
a)The Honourable Members of Parliament from the Rwenzori sub region;
1.Hon. Kafuda Boaz- Busongora South
2.Hon. Nzoghu William- Busongora North
3.Hon. Mbahimba James- Kasese Municipality
4.Hon. Bwambale Bihande- MP Bukonzo East
5.Hon. Ntabazi Harriet- Woman Representative Bundibugyo
6.Hon. Matte Joseph-Bughendera County
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b)Hon. Kamanda Cos Bataringaya-MP Bwamba County and State Minister
for Primary Education
c) Hon. Ruhakana Rugunda the Minister of Health
d)Hon. Kiyonga Chrispus Walter Bazarrabusa-MP Bukonzo County West
and The Minister of Defence-
e) The Obusinga bwa Rwenzururu
f) The Obudhingiya bwa Bamba-Babwisi
ii). Reviewed the following documents
a)Joint Petition of the indigenous ethnic communities of Kasese
district to the Parliamentary Committee on Public Service and
Local Government demanding for a separate district-29
th
August
2012;
b)Resettlement of Basongora from the Queen Elizabeth National
Park: A report of the Government technical team 25
th
March 2008;
c)Press release by the Obusinga bwa Rwenzururu titled on the
installation of the King of the so called Basongora; 3
rd
July 2012;
d)Memorandum of the Banyabindi community of Kasese district
addressed to the Rt. Hon. Apollo Nsibambi the then Prime Minister
in regard to the recognition of Obusinga bwa Rwenzururu; 2
nd
April
2008
e)Memorandum from Rwenzururu ex-freedomn fghters view on
Busongora district proposal; 26
th
July 2011
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f)Views of the Banyabindi cultural and development trust on the
creation of a new district in Kasese-28
th
May 2009
g)Grave Concerns of the Banyabindi indigenous community of
Kasese district; 1
st
October 2010
h)Memorandum of the Basongora/Banyabindi communities of
Kasese district addressed to Hon. Maj. General Kahinda Otafire,
the then Minister of Local Government requesting for a district; 8
th
October 2006;
i)Memorandum of the Banyabindi Cultural Trust submitted to the
Constitutional review commission; 14
th
November 2002
j)Memorandum by the Banyabindi cultural and development trust
presented to H.E Gen. Yoweri Kaguta Museveni; 19
th
July 2006
k)Ministerial Statement on Resettlement of Basonogora out of Queen
Elizabeth national Park;, September 19
th
2007;
l)Letter by Muzamilu Kigeri Bisanga-District Councillor- Lake Katwe
with the subject; Complaint against Kasese District Local
Government for Discriminating Exclusion and Marginalization of the
indigenous ethnic minorities in the district
iii). Fact fnding visits to the Bundibugyo and Kasese districts
5.0 FINDINGS

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5.1 CONTEXTUALIZING THE ETHNIC TENSIONS IN THE
RWENZORI SUB-REGION
The Committee notes that while the tensions in the Rwenzori sub region
have largely been accorded an ethnic outlook, it is prudent to look
beyond the ethno-tribal connotations for a more comprehensive
inquestinvestigation. The Committee therefore adopted aa robust and
multi-pronged approach to the investigation assessment of the
occurrences in the Rwenzori sub-region stretchingregion stretching from
the land question, creation of new districts, livelihoods, population,
contestations over recently discovered natural resources and political
infuences amongst others.
5.2 THE LAND QUESTION, VARIATIONS IN LIVELIHOODS AND ITS
RAMIFICATIONS
The question therefore is how comes these communities that have lived
together symbiotically for over 200 years are now at each others throats.
Is the confict therefore indeed a social one or the struggle for limited
resources has led locals to retreat to the vestiges of identity?
The Committee recognizes that there is indeed an escalation in the
struggle for the ownership and/or acquisition of land in the Rwenzori
sub-region coupled with a resultant competitive variation in socio-
economic activities between amongst the various ethnicsocial groups in
the sub-region.
The Committee established that about two thirds of the geographical
area of Kasese district is gazetted National Game Park, Mountain
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Rwenzori or water bodyies and several other government institutions.
This leaves only about one third of the land is available for agriculture
and farming and other livelihoods.;
The available one third of productive land is occupied today by over
750,000 people squeezed in an area of about 1,000 square kilometres.
Within this area there are cultivators, nomadic herdsmen and traders
competing for this inelastic space.;
The Basongora being predominantly cattle keepers requireneed more
land than the Bakonzo and the Banyabindi who are predominantly
cultivators. It should be borne in mind that over historical times and
geographical space cattle keepers and cultivators hardly co-exist on the
same land.;
The pressure on land escalated in the mid 1990s when the boundaries of
the Queen Elizabeth National Game Park were re-opened and the
government became stricter on the protection of gazetted
conservationprotected areas. This prompted Government to set up an
inter-ministerial committee which according to some legislators from the
region; unfortunately bore a preconceived idea that the Basongora had
historically been marginalized and therefore this presented an
opportunity for redress. The Committee noted that indeed if the creation of
Queen Elizabeth National Game Park had deprived the Basongora of
grazing land, then likewise the creation of Kibaale National Game Park too
had deprived the Bakonzo of land. In the circumstances therefore, the
question of lending preferential treatment to one group in the name of
redress would not ideally sufce.
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At a public hearing in Nyakatonzi sub County, Kasese district, Tthe
Committee further was was further informed that in a bid to avail more
land to the locals, the redistribution of land hitherto belonging to
Mobuku Irrigation farm was done. However the process was marred with
injustice because while 4 acres were being given to each cattle keepers, 1
acre was being given to each cultivators. This precipitated further
marginalization and resentment.
The situation in Bundibugyo is not any diferent. It is estimated that
Wwith an average population growth rate of 4% which is higher than the
national population growth rate of 3.2%, Bundibugyos population grew
from 158,000 in 2002 to 217,500 in 2010. Given the inelastic nature of
land, population pressure is indeed a reality.
This position is corroborated by Hon. Dr. Ruhakana Rugunda, who in
June 2012 was designated by H.E President Yoweri Museveni to explore
modalities of difusing the ethnic tensions in the area. During a meeting
with the Committee on 29
th
January 2013, he informed the Committee
that the increased pressure on land especially in Bundibugyo district can
be traced to the Rwenzururu confict and its ramifcations. At the height
of the struggle by the Rwenzururu Movement, many inhabitants of the
highlands of Bundibugyo, where the confict was mainly raging,
descended to settle in the relatively safer low lands. They acquired land
and engaged in commerce and many prospered. Overtime, this generated
a lot of resentment from the sections of the Communities that had
traditionally occupied the low-land areas of Bundibugyo.;
5.3 INCOME AND ECONOMIC DISPARITIES:
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The Committee was informed that the increasing prosperity of the
migrants from the highlands who had now settled in the low-lands
precipitated some resentment from the original inhabitants of the low-
lands. This was exacerbated by the increasing dominance of the migrants
in political matters especially in Bundibugyo town.;
This perception, in the view of the Committee, is largely responsible for
the increasing ethno-cultural fragmentation and resultant resentment
against the Obusinga bwa Rwenzururu. The various ethnic groups have
retreated to cultural identities to buttress their grip on what they hold in
their possession.
This could partially explain why asthe much as the ancestral home of the
Omusinga Wesley Mumbere is Bundibugyo where the contentious shrine
in commemoration of the 50
th
anniversary of the Rwenzururu Freedom
Movement was built; there are sections in Bundibugyo who are bitterly
opposed to the exercise of his sovereignty in the area.
The Committee further noted that the visit of the Omusinga of the
Rwenzururu to Bundibugyo which appeared to have taken place without
adequate consultation sharply escalated resentment from some sections
of the populace in Bundibugyo that had overtime been resentful towards
the Obusinga bwa Rwenzururu. It should be borne in mind that this visit
was intrinsically related to the erection of the shrine in Bundibugyo.
5.4 THE BASONGORA QUESTION
In the course of this inquiry, the Committee encountered the debate as to
whteher indeed the Basongora are a tribe or simply a clan of the
Bakonzo. The Committee was informed that there is indeed a clan among
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the Bakonzo called the Basongora whose totem sign is the grass hopper.
There was a paramount chief in that area called Musongera and that
place was named after him. There is no tribe in Uganda called the
Basongora. However the present day Basongora in question is actually
Bahuma who are called the Batuku in Bundibugyo and the Hema in
Boga Zaire and the Hima in Ankole. The tribe called Basongora is a
creature of the 1995 constitution.
In 1999, some Ugandan civilians followed the UPDF into the Democratic
Republic of Congo (DRC) to cultivate and they occupied land in Virunga
National Park. In that same period, the Basongora also moved to DRC
Virunga National Park to graze their cows. When Congo gained relative
stability, the Ugandans were expelled. The Cattle keepers inevitably had
to come back to Uganda. But when they returned, they demanded for
land. That is why government reallocated land from the cultivators in
Bukangara and Rwehingo villages of Bukonzo West, Kasese district to the
cattle keepers leading to a court case
2
that was won by the cultivators in
April 2012 and government is supposed to compensate them over
UGXgshs. 300m. (Refer to the judgement by Justice Alfonse Chigamoy
Owiny-Dollo on 25
th
April 2012 on civil suit No. 010 of 2009 that pitted
Mrs. Lozio Masika Beatrice, Mr. Mwigha Ezekiel, Mr. Ibrahim Kitalimire, Mr.
Byakatonda Paul and Mr. Thembo Joseph as plaintifs against the
Attorney General of Uganda)
The land problem continues to sow confict among the Bakonzo and
Basongora. The victory in Court does not sort out the lack of land for the
Basongora.
2
Civil suit No. 010 of 2009 in the High Court of Ugana at !ort Portal
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5.5 THE CREATIONPROLIFERATION OF NEW DISTRICTS IN THE
RWENZORI SUB-REGION
The creationproliferation of new districts that has sub-divided the area
into ethnictribal territories.
The Creation of Ntoroko was largely viewed as demarcating geographical
territory for the Batuku, Bundibugyo is largely a Bbamba-Babwisi area,
while in Kasese, the Basongora and other ethnic groups continue to
demandclamour for a districts of their own.
The demands for Bughendera district can be traced to the creation of
Bughendera county as a result of the need for Bakonzo representation in
Parliament too. Initially Bundibugyo had just one county-Bwamba.
However the Bakonzo in Bughendera pushed for and attained county
status too. The increased polarization of the region on ethnic identities
has prompted the Bamba in Bughendera to oppose the granting of
district status especially if it is going to assimilate them into the
Bakonzo.
The Committee notes that the demarcation of districts along ethno-tribal
dichotomy is likely to severely fracture social relations in the Rwenzori
suib region. With the Rwenzori region already registering several
ethnictribal conficts, which have seen the controversial formation of
several cultural institutions, having ethnic identities as a basis for
districts will exacerbate social instabilityaltercation.
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The Bakonzo in Kasese were demanding for district status because; they
felt they were being marginalized as an ethnicity. (To get data on
marginalization + inequitable allocation of resources)
The argument that the location of social amenities such as schools and
roads was premised on the high population density in the lowlands does
not sufce because when the Committee met with the local Communities
from the highlands they were disillusioned.
The formula for the district: Vertical or horizontal
Vertical:
In the view of the Committee, kingdoms are not bad per-se but should
not be based on the territorial factor but rather culture. Pegging identity
to territory will undermine patriotism and nationalism.
The Committee further notes that the creation of districts in itself is not
and will never be a panacea to development. The proliferation of new
districts does not in any way create more wealth for people to share.
Economic emancipation and empowerment of Ugandans is the ultimate
solution to the socio-economic malaise in Uganda today.
5.6 THE ALLURE OF RECENTLY DISCOVERED NATURAL
RESOURCES AND THE STRUGGLES OVER LAND THAT COME
WITH IT
Have an introduction on Kasese and Bundibugyo on the recent mineral
discoveries.
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The Committee notes that the recent discovery of petroleum resources
and the looming prospect of further valuable mineral discoveries in the
Albertine region has exacerbated struggles over land. This is because
various sections of the community know that ownership over the land on
which such natural resources exist or may exist increases their claims
over possible future proceeds from such natural resources. There are
suspicions that perceived Government preferential treatment of specifc
tribal groups like the Basongora is aimed at entrenching claims over land
that potentially bears rich natural resources. Such suspicion is a recipe
for deep rooted hatred and social unrest if left unheeded to.
A case in point is in the eviction of cultivators from over 2000 acres of
land in Bukonzo West, Kasese district and the partisan manner in which
Government handled it. Whereas it was believed that Governments
desire was to acquire land from the respective owners on the basis of
willing seller, willing buyer, the Ministerial Statement made by Hon.
Hillary Onek on the 19
th
September 2007 headed Ministerial Statement
on Resettlement of Basongora out of Queen Elizabeth national park is
quite insightful and instructive as to the intention of the Government in
evicting cultivators from the land in Bukangara and Rwehingo. The
salient part of the Statement is that cabinet decided that:-
Government had an obligation to address the historical injustices and
post independence marginalization of the Basongora
The Basongora ancestral lands of Bukangara and Rwehingo totalling to
about 25,000 acres be freed and shared between the cultivators and
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pastoralists on a 1:3 ratio as earlier agreed on in 1994. Meaning
cultivators get 8,000 acres while pastoralists get 17,000 acres.
The preconceived tone of the Ministerial statement exudes favouritism of
one group over another. Infact the Ministerial statement is at variance
with the Kisamba Mugerwa report which cabinet adopted and
implemented. This report recommended the divestiture of parts of certain
specifc Government institutional lands in Kasese district which it
identifed; none of which for obvious reasons that they were settled on by
cultivators included the land in Bukangara and Rwehingo.
Indeed it is in the Hon. Onek Ministerial Statement of 2007 that
Government categorically declares its decision to displace the cultivator
communities from Bukangara and Rwehingo to create space for
pastoralists. It is therefore clear that Government had had without any
evident justifcation abandoned its earlier position, informed by the
Kisamba Mugerwa report, to divest itself of institutional lands to address
the Basongora pastoralists issue. Furthermore, while the Hon. Onek
Ministerial Statement promised a harmonious and peaceful resettlement
process, the very converse took place; and this, to the detriment of the
cultivators who were forcefully evicted from lands they claim as their
ancestral inheritance.
The Committee notes that Government ought to not only be fair but must
be fair in its treatment of all citizens regardless of cradle, tribe, religion
and all other socio-economic and cultural cleavages.
In Bundibugyo the King Oyo attempted to visit Butuku and he was
resisted
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5.7 THE RESPONSIBILITY OR OTHERWISE OF POLITICAL
LEADERSHIP
The Committee also notes that over time, some politicians from the
Rwenzori region have conveniently and sometimes selfshly played along
with the socio-economic tensions for political efcacy. Well aware that
political leadership is supposed to carry the responsibility of uniting the
masses and galvanizing their efort for social transformation, such
politicians have deliberately failed to live up to this aspiration.
The unfortunate events of 30
th
July 2012 in Bundibugyo led to many
accusations against some politicians including some Members of this
House. It was for instance alleged that the Bundibugyo woman
representative Hon. Ntabazi Harriet had used a state owned FM radio
channel to fan ill-feelings among some sections of the community.
However the Committee met with the area legislators and heard their
side of the story.
In the interest of cohesion, the Committee deemed it ft to concentrate on
remedial measures and not dwell on divisive narratives. It is in this vein
that the Committee makes the following recommendations
6.0 RECOMMENDATIONS
6.1 Boosting the quality of livelihoods
Most of the Kasese area is in the rain shadow with very little rainfall. A
rain shadow is a dry area on the lee back side of a mountainous area.
The mountains block the passage of rain-producing weather systems
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casting a "shadow" of dryness behind them. Kasese is in between Mt.
Rwenzori and Ankole Karagwe ranges in Kamwenge. It receives the dry
winds from Ituri forest and the dry winds from the L. Victoria basin. In
addition, Kasese has a number of rivers in its vicinity. These rivers ofer
a potential source of water for irrigation and this if harnessed would
grossly bolster agricultural productivity and ultimately prop up the
livelihoods of the masses.
In addition, a deliberate drive to improve the quality of the animals and
crops that the locals look rely on would help optimize land use while at
the same time boosting productivity. This if carefully and efectively
implemented would mean less land is required for higher yields and
ultimately higher household incomes.
Improvements in livelihoods and productivity will mean that local
communities will inculcate livelihoods based synergies regardless of
ethnic or tribal cradle.
6.2 The need for Constitutional Clarity in the defnition of
traditional leaders and kings:
Chapter sixteen of the 1995 Constitution of the Republic of Uganda
makes mention of traditional or cultural leaders and kings yet these are
intrinsically diferent. A cultural leader may not need a geographical
jurisdiction while a king requires one. The constitution needs greater
clarity on this matter.
The institution of cultural and traditional leaders Act further goes ahead
to lump traditional and cultural leaders by defning a traditional or
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cultural leader as a king or similar traditional or cultural leader by
whatever name called who derives allegiance from the fact of birth or
descent in accordance with the customs, traditions, usage or consent of
the people led by the traditional or cultural leader.
There is therefore need for clarity over who is a leader and who a king is.
Anybody can be a leader. A leader is basically someone who has
followers. A king is royalty backed by claim over a people within a
defnitive geographical jurisdiction. He is someone who has ultimate
authority in a Monarchy. He sits upon a throne, usually holds a sceptre
and is honoured above anyone else with titles like, "Your Majesty," and
"Your Highness." It is therefore clear that one can be a traditional leader
but without claim over territory. In the case of Uganda, this needs to be
clarifed in the law. This would go a long way in resolving the friction that
stems from the proliferation of cultural and traditional leaders in Uganda
today.
6.3 Greater equity in allocation of opportunity as an anti-dote to
marginalization: Cognizant to the complaints of marginalization
especially by minorities not just in the Rwenzori sub-region but in many
other areas of Uganda, the Republic of Uganda should embrace equity as
a core guiding principle in the allocation of resources, responsibility and
opportunity, in tandem with the National Objectives and Directive
Principles of State Policy of the 1995 Constitution of the Republic of
Uganda. For a nation that has over 65 indigenous communities as per
the third schedule of this very 1995 Constitution, this diversity should
be harnessed for national unity through equitable empowerment and
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actual and visible inclusiveness of these diverse peoples in pursuit of
national unity and development. It should be borne in mind that
teaching patriotism alone is inconsequential. Patriotism is built on
national unity and is gained or won from the governed through deliberate
interventions to help realise their aspirations and better their lives.
Montesquieu-the acclaimed French liberal democracy icon once asserted
that a republican government is where all the people have a share in
rule. It is therefore incumbent upon the powers that be to not only
preach but also practice inclusion in governance.
6.4 The role of leadership in enhancing unity
In tandem with the National Objectives and directive Principles of State
Policy as espoused in the 1995 Constitution of the Republic of Uganda,
there is need for a deliberate efort to promote cohesion of the people.
Political leaders particularly have a crucial role to play in harmonizing
and uniting the populace. Fanning ethno-tribal and regional divides will
only serve to prop up ethno-centricism and micro-nationalism at the
expense of Uganda as a Republic. Regardless of cultural variances and
allegiances, there is need for the nurturing and maintenance of
interactive synergies and cohesion between local communities.
CONCLUSION
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