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Experts of the Committee on the Elimination of Discrimination against Women Commend Uzbekistan on the Adoption of the Citizen Act and Ask about Non-Governmental Organizations and Women Living with HIV/AIDS
16 February 2022
The Committee on the Elimination of Discrimination against Women today concluded its review of the sixth periodic report of Uzbekistan, commending
Uzbekistan on the adoption of the Citizen Act, while still noting concerns, and asking about non-governmental organizations and women in Uzbekistan living with HIV/AIDS.
A Committee Expert commended the adoption of the Citizenship Act and congratulated Uzbekistan on the fact that nearly 5,000 stateless persons had been recognised as citizens of Uzbekistan. However, the Expert still noted some concerns with the Act, asking if there were further plans to amend it. Another Expert asked about the framework for dialogue with non-governmental organizations and the status of activists. How did this dialogue take place and should it be increased and simplified? On the issue of women living with HIV/AIDS in Uzbekistan, what concrete measures were in place to eliminate stigma and discrimination against this vulnerable group? The Committee also asked if measures such as school-based education and female-friendly counselling services were being addressed in that area.
Responding to questions around the involvement of non-governmental organizations, the delegation said that Uzbekistan worked closely with more than 20 non-governmental organizations, including those who had helped with drafting the current report being reviewed by the Committee. No dialogue existed without the participation of civil society institutions and the work of all Committees and Commissions in parliament included participation from civil society. Non-governmental organizations had also been invited to take part in the presentation of the report, to provide their comments. The delegation spoke about eradicating the stigmatisation of women with AIDS, saying that all pregnant women with AIDS received medical assistance funded by the State. Previously, women with AIDS were assigned to special clinics, now they could attend regular hospitals and receive full medical assistance funded by the State, which further decreased stigmatisation.
The delegation of Uzbekistan was led by Akmal Saidov, Director of the National Human Rights Centre of Uzbekistan and Head of Delegation, who said that achieving gender quality and ensuring the rights and freedoms of women was one of the priority areas of the new Uzbekistan. A strategy for achieving gender equality in Uzbekistan until 2030 had been approved. This aimed to ensure equal rights and opportunities for women and men in electoral rights, public service, education, science, sports and health care, in the socio-economic sphere, in the prevention of harassment and violence, in family relationships and in parenting. Uzbekistan was proud of the measures taken to address the impact of the pandemic on the prevention of gender-based violence and the protection of women, children and youth.
The delegation of Uzbekistan was comprised of representatives of the Ministry of Higher and Secondary Education; the Ministry for Support of Mahalla and Family; the Ministry of Employment and Labour Relations; the Ministry of Health; the Ministry of Internal Affairs; the Ministry of Foreign Affairs; the Supreme Court; the Committee on Women and Gender Equality of the Senate of the Oily Majlis; the Committee on Health Protection; and the Permanent Mission of Uzbekistan to the United Nations Office at Geneva.
In concluding remarks, Mr. Saidov thanked the Chair and the Committee and conveyed sincere gratitude for the open dialogue, saying there was mutual understanding between the two parties. He reiterated the need for further open dialogue following the Committee’s recommendations on the report, stating that the public and civil society organizations would be informed of the results as the next step.
Elgun Safarov, Vice-Chair of the Committee, thanked Uzbekistan for the constructive dialogue, saying that it had achieved great progress and that the changes to work and legislation should be continued.
The Committee on the Elimination of Discrimination against Women’s eighty-first session is being held from 7 to 25 February. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed at http://webtv.un.org/.
The Committee will next meet in public at 3 p.m. this afternoon to conclude its review of the ninth periodic report of Peru (CEDAW/C/PER/9).
Report
The Committee has before it the sixth periodic report of Uzbekistan (CEDAW/C/UZB/6).
Presentation of Report
AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan and Head of Delegation, said that achieving gender equality and ensuring the rights and freedoms of women was one of the priority areas of the new Uzbekistan. Women now made up 32 per cent of the deputies of the Legislative Chamber and 25 per cent of the members of the Senate. Uzbekistan had developed several targets aimed at ensuring gender equality and empowering women and girls. In accordance with the recommendations of the Committee, gender-oriented laws had been adopted. An equal marriage age for women and men had been established, and restrictions related to women's choices of previously prohibited forms of labour activity and other gender-asymmetric provisions of labour legislation had been lifted. Mandatory gender legal expertise of legislative acts had been introduced, aimed at eliminating inconsistency. A strategy for achieving gender equality in Uzbekistan until 2030 had been approved. This aimed to ensure equal rights and opportunities for women and men in electoral rights, public service, education, science, sports and health care, in the socio-economic sphere, in the prevention of harassment and violence, and in family relationships and parenting. Mr. Saidov said that Uzbekistan was implementing consistent measures aimed at strengthening national mechanisms for the advancement of women. Some of these included the creation of a Commission on Ensuring Gender Equality; a Committee on Women and Gender Equality; and a Republican Council of Women.
Mr. Saidov said that Uzbekistan was proud of the measures taken to address the impact of the pandemic on the prevention of gender-based violence and the protection of women, children and youth. The Government of Uzbekistan had carried out work to mitigate the negative effects of the pandemic on climate change, suppress the use of hate speech, and provide assistance to migrants. The Government had adopted several socio-economic measures in response to the COVID-19 crisis. These included: a nationwide quarantine system; the establishment of specialised medical institutions in all regions of the republic; extensive explanatory work through social media to prevent the spread of the disease; the continuity of education remotely online and uninterrupted provision of food, medicines, and vital goods to the population. Measures had been taken to return citizens to Uzbekistan who were aboard and humanitarian cooperation had been carried out. The National Vaccine Repository was seen as an important step towards a robust immunisation system in the country and more than 4,000 doctors and 11,000 nurses were trained, with a choice of several vaccines provided.
GULNORA MARUFOVA, First Deputy Minister for Support of Mahalla and Family, spoke about the Ministry for the Support of the Mahalla and the Family and its territorial divisions in the regions, created in 2020, whereby one of the priority areas was the comprehensive support of women. Advisors to Khokims on women and family issues were appointed in regions, districts and cities. For 9,255 mahallas, the position of deputy chairman of the mahalla for family, women and social issues had been introduced. A State trust fund had been set up to support women, designed to provide all possible support to women, to promote their participation in the organization of family and private entrepreneurship, handicrafts, and their acquisition of knowledge and skills in professions in demand on the labour market. Groups of vulnerable women were identified, and assistance was provided.
Questions by Committee Experts
A Committee Expert said that Uzbekistan had implemented extensive policy reform since 2016 which had had positive impacts on many aspects of society, however, their impact on women was difficult to assess. The Committee Expert said that the review of Uzbekistan’s report would highlight the challenges in making the reforms real and wished the delegation a constructive exchange.
Another Committee Expert said that Uzbekistan’s commitment to the Convention was appreciated and that there should be evidence of the application of the laws which Uzbekistan had put in place. The Expert asked about the status of the Convention and its visibility, and for an explanation of the procedures of the Supreme Court. How were the Convention’s provisions considered by courts and had they been invoked? The Committee Expert commended the Government’s effort within Uzbekistan’s Parliament, asking what mechanisms would be established to provide new legislative momentum towards equality. The Committee Expert asked about civil society. What was the status of women activists and how would their participation be boosted? Was the current definition regarding direct and indirect discrimination adequate? The definition needed to be more all-encompassing and cover more minority groups, such as those with disabilities.
Responses by the Delegation
The delegation responded to the question concerning the implementation of international treaties, stating that since Uzbekistan became independent, more than 40 treaties had been ratified. Regarding international law, the delegation said that when courts issued rulings, there were direct and indirect enforcements of these rights. International law took precedence over national legislation if enacted.
The delegation said that the strategy on gender equality aimed to bring equality to men and women in all areas of decision making. Priority areas of the strategy included equal rights and opportunities for women in the socio-economic sphere, in the prevention of violence and within the family, and these were shaped by the Sustainable Development Goals.
The delegation of Uzbekistan responded on the rights of refugees, saying that stateless people were provided rights and freedom in accordance with international laws. Uzbekistan had provided residency permits for over 37,000 foreign citizens. It was noted that the legislation did not have any direct laws pertaining to women, under the Department of Foreign Affairs.
AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan and Head of Delegation, responded to the question of discrimination, saying that direct and indirect discrimination based on gender had been defined, and established in accordance with the Convention. This law prohibited all forms of discrimination, including gender-based discrimination.
Follow up Questions by a Committee Expert
A Committee Expert asked about the framework for dialogue with non-governmental organizations and the status of activists. How did this dialogue take place, and should it be bolstered and simplified? The Committee Expert noted the importance of the law and asked what was being done in everyday life for Uzbekistan ‘s women to ensure the texts adopted were really applied.
Response by the Delegation
AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan and Head of Delegation, said that Uzbekistan worked closely with more than 20 non-governmental organizations, including those that had helped with the drafting the report. No dialogue existed without the participation of civil society institutions. The work of all Committees and Commissions in Parliament included participation from society. Non-governmental organizations had been invited to take part in the presentation of the report, to provide their comments. Mr. Saidov said that non-governmental organizations served as an indicator for what was occurring in society, and it was important to receive their input. A member of the delegation said that working with civil society was essential if real progress was to be achieved. Clear cooperation with staff of these agencies was needed and more work needed to be done in this area.
Questions by Committee Experts
A Committee Expert noted the establishment of a Gender Equality Committee, among others, which received many petitions. How were different elements and complaint mechanisms coordinated? Were these complaints a prerequisite for access to court? The Committee Expert asked for clarification on which agency was responsible for the implementation of the Convention on the Elimination of Discrimination against Women. What were the main entities responsible for the key strategic document focused on gender equality? What were the main benchmarks for implementation and monitoring mechanisms? Were there clear links with the national development strategy? The Committee Expert asked how local communities supported women directly, how this was coordinated, and how women were kept free from harm throughout the process. The focus of the delegation should be on the rights of rural and local women.
Another Committee Expert noted the establishment of the gender equality committee in the Senate and asked what temporary special measures had been implemented under this legislation, and their outcome. The Committee noted that women made up 25 per cent in the Senate and asked if further temporary special measures would be introduced to advance women’s participation in public life, with particular attention to women with disabilities and rural women. The Committee Expert noted concern around refugees from Afghanistan. What temporary special measures would be introduced to combat the prevalence of gender-based violence, for example data collection and monitoring?
Responses by the Delegation
The delegation said that Uzbekistan had the political will and was seeking to create favourable conditions for women, reflecting to what degree the country was moving away from existing stereotypes where boys were guided into careers and girls into home making. The delegation noted that there was work ahead, saying that they had gone to the grassroots, with structures being created to ensure the work could be done. On access to justice, this involved the rule of law and vulnerable people were given free access to justice. Uzbekistan was looking at how to fund lawyer services and discussions were being held with international organizations on this topic. Gender equality for women, men, boys and girls in their interactions with State bodies could be provided and this would bring benefits for humanity and society.
A member of the delegation responded to questions on petitions and monitoring, saying that visits were conducted to penitentiary facilities, which looked at the conditions of detention, medical care, food and labour opportunities. Ombudsman boxes existed allowing communications to be transferred. When women left prison, they were provided with work and given the opportunity to reintegrate into society.
Women should not make up less than 30 per cent of candidates in politics, and the number of female candidates in elections had been increasing in recent years. A quota had been introduced, creating conditions for girls to enter higher education institutions. Grants were provided to girls, while budgetary support was provided for those who had lost a parent. A temporary social measure had been enacted during the pandemic to reduce poverty, with the Women’s Notebook covering women who needed support.
The delegation said that reports were heard twice a year about the implementation of the roadmap of the gender strategy from ministries and agencies. A resolution was adopted to set out the standard operating procedures to enhance the quality of legal, medical, and social support to gender-based violent victims.
Questions by Committee Experts
A Committee Expert said that despite broad legal reforms, gender stereotypes and discrimination still existed, perpetuated through inconsistent State policies and the media. How would the delegation address stereotypes comprehensively through gender equality status and plans? What were the main target groups? The Committee Expert stated that there was no legal definition in Uzbekistan for domestic violence and it was also not criminalised. Under current legislation, women had to stay home with perpetrators, risking their lives, with the burden placed on the victim to seek prosecution. When would this act be amended to ensure better protection for women, including quick expelling of the perpetrators from home? On sexual violence, the Committee Expert noted a positive step in outlawing rape in the marriage. However, there was no definition of rape based on consent. When would the Penal Code be amended to include this? What measures would be taken to ensure survivors had access to justice? What would the delegation do to counter patriarchal norms?
A Committee Expert said that forced labour during the annual cotton harvest was regarded as a major form of exploitation in Uzbekistan. Requests for labour were increasing, with 600,000 migrant jobs vacant in the country due to COVID. How many complicit officials had been held accountable for mobilising forced labour? The Committee Expert said it was commendable that the definition of trafficking was in line with international law. However, it was noted that networks of traffickers exploited Uzbekistani women and girls in the Middle East and Africa and at home. What had been done to counteract trafficking for sexual purposes within the country and to combat the exploitation of Uzbekistan women in foreign countries? What measures were being taken to assist victims of trafficking? The Committee Expert noted that prostitution was illegal in Uzbekistan under the current law and asked what the Government was doing to make “clients” who brought sex responsible for breaking the law, not just the women who were prostitutes. What measures were being taken to encourage women to leave prostitution, including exit programmes or a different source of income?
Responses by the Delegation
The delegation said that overcoming stereotypes was a priority. This was being taught in school and student summits were held with Mahalla clubs, with the goal to overcome harmful stereotypes while still maintaining family traditions. Training centres were also set up to prepare young people for marriage and family life.
A member of the delegation said that incidents of violence against women and girls had been identified with a trust fund set up to help the victims. Around 300 women inspectors had been employed to monitor and uphold the rights and living conditions of women and girls.
The delegation spoke about access to justice for women living in rural areas, stating that the court system was currently being computerised to improve access to justice. Petitions were submitted electronically, and online services were provided to track cases, with court fees able to be paid electronically. Electronic documents were collected and submitted to courts through the system. On the representations of women in the judiciary, the delegation said that in 2021, 13.2 per cent of judges were women. The delegation noted that the role of women in the Supreme Court was also being expanded. A law had been adopted to protect women from harassment and violence with a report on women who had experienced violence prepared.
The delegation said that a new Labour Code had been drafted, which outlined that all privileges provided to mothers would now be provided to fathers, including paternal leave. Traditionally, women had been the guardians of the household, but this law allowed men to play this role as well. Uzbekistan had assumed the responsibility for eradicating forced child labour. Monitoring was being held, in the cotton harvest and in labour inspections. A feedback mechanism had been set up to receive complaints throughout the country, with hundreds of complaints received each year and subsequent criminal proceedings launched. The delegation said sanctions for forced labour had dramatically increased.
Trafficking was a source of horror and Uzbekistan was committed to fighting this issue. A national rapporteur on trafficking had been appointed. An update was being discussed to the Criminal Code regarding prostitution, with recommendations from the Committee being considered.
Questions by a Committee Expert
A Committee Expert commended Uzbekistan once again on the increased participation of women in political and public life. While 30 per cent of candidates nominated for electoral positions must be women, Uzbekistan had achieved a figure higher than this. Would the success of this particular measure see an increase in the figure to 50 per cent representation? What measures within the gender strategy were designed to further increase the number of women in political and public life?
The Committee Expert noted the budget dedicated to political parties and asked how much of that was for the support of women candidates. The Expert noted that personnel were selected based on merit and asked how women candidates were specifically supported in this process. What mechanisms were being imported by the State party to increase the representation of women at the international level? Were measures to combat negative stereotypes towards women in leadership being introduced? The Expert acknowledged statistics around women in the judiciary and asked if there were any measures in place to increase issues and numbers.
The Committee Expert commended the adoption of the Citizenship Act and congratulated the delegation on the fact that nearly 5,000 stateless persons had been recognised as citizens of Uzbekistan. However, the Expert noted concerns with the Act, asking if there were further plans to amend it. The Committee Expert noted that an act on asylum was under consideration and that the State party hosted refugees from Afghanistan who did not hold any legal status within the country. Could the State party advise the timeframe to ratify the Convention relating to Refugees? Were there measures being taken to grant citizenship or nationality to those Afghan refugees with many having lived in the country for over 20 years?
Responses by the Delegation
The delegation responded to questions on women in politics, stating that there must be a minimum of 30 per cent representation of women in each political party. All five political parties put forward more than 30 per cent, for an average of 32 per cent. In the upper chamber, the number of women had increased and there was also an increase in female judges. The delegation said that Uzbekistan was one of the top 27 countries for business in 2021, after major reforms in gender equality. A woman was also appointed as an authorised diplomat to Israel.
The delegation spoke about implementing standards of Uzbekistan’s Constitution of 2020, stating that a law was adopted which addressed the citizenship of Uzbekistan. Amendments were included in the existing law of Uzbekistan to recognise citizenship for stateless persons who had lived in the country for 15 years, with more than 39,000 stateless women subsequently receiving Uzbekistan citizenship. The delegation said that the Convention on Statelessness had not yet been ratified and could not say when this would be adopted. Only one citizenship was allowed in Uzbekistan – citizenship to any other countries must be dropped. A law on the legal status of stateless persons and foreign citizens in Uzbekistan had been adopted. The plans of the Government going forward included a gender strategy and a national programme to ensure that gender equality in Uzbekistan was being developed. The delegation addressed violence against women, noting the adoption of two gender laws, stating that these considered recommendations from the Committee and adopted necessary measures in more than 39,000 complaints of violence. The Government was cracking down hard on sexual violence, with major outreach implemented.
Questions by a Committee Expert
A Committee Expert said that cultural constraints as a result of traditional stereotypes were hindering quality education in Uzbekistan. Girls continued to be underrepresented in preschool and higher education and were lacking at the university level. This was noted as caused by a lack of funding and the expectation that young women would take on traditional household roles following the completion of secondary schools. What was being done to ensure that girls stayed in secondary education? Could the delegation provide enrolment rates of girls in technical or scientific studies in university?
Responses by the Delegation
AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan and Head of Delegation, speaking about education for women and men, said that there were three ministries in the area of education – the brand-new Pre-school Ministry, the Ministry of National Education, and the Ministry for Higher and Specialised Education. In terms of preschools, Mr. Saidov said the requirements of Uzbekistan’s 10-year goal for 50/50 gender parity had been fulfilled, with the number of girls sometimes exceeding the number of boys enrolled.
A member of the delegation said that increased places in education for girls had been provided by way of State grants. Young girls from families in need received 2,040 additional places with the help of State scholarships and another 6,000 grants for university education for women students. Women students made up 47 per cent of the total number of students enrolled in universities. Mr. Saidov said that rural women students and students with disabilities were given priority during the submissions process and were provided with school materials, including textbooks. The World Bank said Uzbekistan almost had a 100 per cent literacy rate.
Questions by Committee Experts
A Committee Expert said that Uzbekistan had taken significant steps to improve the conditions of women in the world of work. However, issues still remained as contained in a report which was defined as part of the roadmap. To what extent had the recommendations in the report led to legal changes? Had they been implemented? The Committee Expert noted that women still worked in lower paid jobs and were dedicated to unpaid jobs like childcare. What legal and policy amendments were envisaged to effectively narrow the pay gap? What measures were envisaged to end gender discrimination in law and in practice? The Committee Expert asked about home ownership and the percentage of women owning a house compared to men. What was being done to increase wages in sectors with a large proportion of women employees? What were the measurable effects of the support of women’s entrepreneurial activity? How were women affected by climate change and other serious issues in Uzbekistan and how were they involved in the fight against these issues?
Another Committee Expert asked for information on the impact of measures given to support women entrepreneurs and farmers. Would such measures be maintained and were they accessible to all women? Were there concrete measures to eliminate stigma discrimination against vulnerable women, including women living with HIV/AIDS and lesbian, bi-sexual, transgender or intersex women?
A Committee Expert said that in spite of the progressive results in maternal mortality rates, the Committee felt more could be done, asking how the rates of maternal mortality and still births were being addressed. What measures were in place to ensure a wider reach of these services? What was being done to encourage more women to take up medicine as a career? The Expert addressed HIV/AIDS and asked how school-based education and girl-friendly health and counselling services were being addressed. The State party was commended on the very comprehensive reproductive health act; had barriers been identified and how had these been addressed? How many women clinics were there and how were they utilised? The Committee Expert noted that suicide rates among girls were higher than those of boys, saying that this could be a result of violence against women. How was this being monitored and what were the gender interventions? Which aspect of suicide was criminalised within the Criminal Act? The Committee Expert asked about the practice of sterilisation and how prevalent it was. How did all the topics addressed apply to women with disabilities? What psychological support was provided for burnout and trauma due to the COVID-19 pandemic?
Responses by the Delegation
The delegation responded to the question on improving national legislation on equal pay for equal work, saying that a number of normative acts had been adopted. A complaint procedure had been introduced to allow women to report discrimination in the workplace. From this, over 4,000 legislation violations had been identified relating to pay and maternity leave, with the majority occurring in the field of education. Investigations had subsequently been launched, and the violators were brought to justice. On the topic of entrepreneurship, the delegation said that systems of subsidies had been introduced in rural areas, and a register for women in lower paying jobs to receive low interest loans had been implemented. Some 10,000 women received subsidies in 2021 for setting up their own businesses.
The delegation said a law had been adopted on the protection of the reproductive health of citizens, with maternal mortality dropping by 20 per cent. A monthly benefit was provided to women bringing up children with disabilities. The delegation said that the health of women was a priority of the State, with over 200 breast and cervical cancer screening centres set up throughout the country. Mobile auto-brigades were created, where specialists travelled to remote parts of the country to carry out investigations. Each brigade would include a specialised paediatrician nurse. The delegation spoke about eradicating the stigmatisation of women with AIDS and ensuring they received medical assistance, saying that all pregnant women with AIDS received medical assistance funded by the State. Previously, these women were assigned to special clinics, now they could attend regular hospitals and receive full medical assistance funded by the State. The father of the child also received regular State-funded testing. The delegation said the work to protect mothers and children continued and was spearheaded by the Government.
Questions by a Committee Expert
A Committee Expert expressed thanks to the delegation and Government for conducting major reforms to combat child marriage and polygamy, but said ongoing problems remained. Could the delegation present statistics concerning preventing cases of child marriage and polygamy? The Expert was troubled by legislation that stated that people living with AIDS were forbidden from adoption or fostering – could a real analysis on this situation be provided? Noting an increase in illegal and religious marriages which were not registered, the Expert asked what the State was doing to ensure that such marital unions were registered? What were the grounds of exemption for reducing the marital age and was this currently in effect?
Response by the Delegation
Regarding the Convention on Adoption, AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan and Head of Delegation, said that a number of outreach events had been carried out, with the issues still being studied. There were no exemptions to the marital age of 17 years of age which was now fully equalised. A major outreach of education work on the harmful practice of child marriage was being carried out. On the issue of adoption and HIV/AIDS, a detailed analysis had been prepared in conjunction with the United Nations Children’s Fund. The Government had sought to remove the provision banning people with HIV/AIDS from adopting.
Questions by a Committee Expert
A Committee Expert asked follow-up questions on the prevalence of family kidnapping and about the decision of the Ministry of Health to restrict people with AIDS from adopting, saying this was a contradiction. The Expert requested follow-up details on the topics of polygamy and early marriage.
Closing Remarks
AKMAL SAIDOV, Director of the National Human Rights Centre of Uzbekistan and Head of Delegation, thanked the Chair and the Committee and conveyed sincere gratitude for the open dialogue, saying there was mutual understanding between the two parties. Progress had been made on Uzbekistan’s side nationally and internationally, although there were still problems which needed to be resolved. Mr. Saidov reiterated the need for further open dialogue following the Committee’s recommendations on the report, stating that the public and civil society organizations would be informed of the results as the next step. A national action plan on the recommendations of the Committee would also be drawn up. Mr Saidov said that no topics were off limits. This was a new Uzbekistan, which was open to the world.
ELGUN SAFAROV, Vice-Chairperson of the Committee, thanked the delegation for the constructive dialogue, saying that Uzbekistan had achieved great progress and the changes to work and legislation should be continued. Mr. Safarov commended the State party for its efforts and encouraged Uzbekistan to adopt all recommendations made by the Committee for the benefit of all women and girls in the country.
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