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# YES, BUT CHANGE THE CONSTITUTION TO WHAT?

Posted on August 3, 2024 39 Comments

Professor What’s His Name

You can be sure that the Coalition government is intent on fast- tracking changes to the Constitution when it wheels in a tame academic from Australia to sing from the same song sheet about how the 2013 Constitution was imposed by Frank Bainimarama and Aiyaz Sayed-Khaiyum and should be changed.

Anthony James Regan – who Grubsheet has never heard of in a long career in the Australian media – is being touted as “Professor of Constitutional Law” at the Australian National University in Canberra. He is “a” professor of constitutional law at ANU, specialising in conflict resolution in the Pacific and, among other things, spent 19 years in Papua New Guinea. (see CV below) So splendid fellow as he undoubtedly is, he is not in the front rank of constitutional lawyers in Australia. He has a basic law degree from Adelaide University when a top academic constitutional lawyer such as Professor Anne Twomey at Sydney University has a string of degrees including a doctorate, is admitted to the High Court of Australia and other jurisdictions and appears regularly in the quality media.

Music to the PM’s ears

We are entitled to smell a rat when Professor Regan belittles the quality of English used in Fiji’s Constitutions. The 2013 Constitution may have its flaws but English expression isn’t one of them. So to Grubsheet’s ears, the obscure Professor’s broad condemnation of the 2013 Constitution sounded very much like singing for his supper in front of an audience at FNU that included a who’s who of the political establishment – everyone from the Prime Minister down. Indeed, he threw everything including the kitchen sink at the nation’s supreme law, skating over, for instance, the fact that it contains Fiji’s first ever Bill of Rights.

We can be sure that bringing an ANU academic to Fiji to address a stellar Fijian audience on the justification of changing the Constitution is preparing the ground for that to happen. To his credit, Professor Regan stressed that this needed to be done ‘legally’. That presumes that the Coalition intends to try to get the requisite 75 per cent “yes” vote for change among MPs in the parliament and then proceed to try to get a 75 per cent “yes” vote in a referendum of all registered voters.

The “Opposition Leader” with Jone Usamate

The presence in the audience of such people as the “Opposition Leader”, Inia Seruiratu, and the Labour Party leader, Mahendra Chaudhry, indicates that the Prime Minister, Sitiveni Rabuka, and his new Attorney General, Graham Leung, are trying to build a consensus for change. They know that they have no chance of achieving the 75 per cent threshold in the parliament or the country if they don’t.

So inviting Professor Regan to Fiji is very much part of a buttering- up exercise to get opposition politicians on side, assuming Inia Seruiratu is still “Opposition Leader” in anything other than name. The old warhorse, Mahendra Chaudhry, certainly is – albeit from outside the parliament – and at a vigorous 82, is clearly positioning himself for a major role in the 2026 election. Was Professor Regan able to persuade him? We shall see. But the question no-one is answering is this: We know you want to change the Constitution but to what?

Chaudhry with the Prof: Was he impressed?

In all seriousness, Graham Leung can muster all the tame “experts” in the world to pick holes in the 2013 Constitution but this debate will go nowhere until the Coalition outlines precisely what changes it envisages. Why aren’t they doing so? Think about it, Fiji. Because they clearly envisage changes that will be highly contentious and are trying to put the cart before the horse. They want consensus on the supposed need for change before they declare their hand. And this ought to be ringing alarm bells with anyone who is already uncomfortable with the Coalition’s emphasis on iTaukei advancement before other citizens and especially its program of covert workplace ethnic cleansing in the civil service and offices of state.

Say what you like about the 2013 Constitution – and Grubsheet has already conceded that it should be the parliament, not the military, that should be the ultimate “protector” of all Fijians – the 2013 Constitution gave us something that none of the previous constitutions gave us – equal opportunity for all. And we must not allow the indigenous supremacists in the Coalition to remove that basic right.

We must fight, and fight as hard as we can, any move to change the provisions in the 2013 Constitution that guarantee a common and equal citizenry, a common identity and a secular state. With the iTaukei now the majority in Fiji, they have no justification whatsoever to deprive non-iTaukei citizens of equal opportunity and no just cause to treat us as “vulagi” – visitors rather than people who belong. And they have no just cause whatsoever to impose a Christian state, which we also know is the secret agenda of a significant element in the mainstream churches.

It is time for the Prime Minister, Sitiveni Rabuka – who upended our first Constitution back in 1987 – to tell us precisely what changes he and his ministers want to the Constitution. He simply has to do so or there is no basis for any consensus in the wider community that the 2013 Constitution should be altered. Until he does, Fiji’s minorities cannot be confident that their existing rights will be protected.

The existing violations of the Constitution by the Coalition and its handpicked functionaries like the outlaw Acting Chief Justice serve as a warning that these people are not respecters of the law. And their fundamental betrayal time after time of the principle of one nation on which they won office by the barest of margins in December 2022 tells us that they simply cannot be trusted.

Tell us precisely what you propose and we will consider it. But if you won’t do so, then leave the 2013 Constitution alone. Because while it has its flaws, there is nothing wrong with the “English” and nothing wrong with its basic provisions for a common and equal citizenry, a common identity and a secular state. And if you don’t like them and want to (re)impose indigenous and religious supremacy, bugger off.

The 2013 Constitution. You can check the quality of English for yourself.

https://www.laws.gov.fj/ResourceFile/Get/?fileName=2013 Constitution of Fiji (English).pdf

Reader Interactions

Comments

  1. Get Up Fiji says

    August 3, 2024 at 7:30 am

    Rabuka and ALL you good for nothing politicians; leave the 2013 Constitution alone and fulfill your promises that were made during the 2022 elections. Day by day your evil and sinister motives are being exposed. Don’t worry about the English in the Constitution, rather be concerned with the plight of the poor and needy of this once beautiful nation. What a disgrace and embarrassment you all are!!! You are making us the laughingstock of the Pacific.

    Reply
  2. Idiots everywhere says

    August 3, 2024 at 8:16 am

    Why woud you want to change the Constitution under which you were elected? The NFP and SODELPA would have been history if it was not for this Constitution.
    And Mahendra Chaudhary is again sitting with shysters who are flaunting the law. He is isn pictures and the same room as idiots.
    What do they want to do, change the Constitution to race based again like in the past? Hasn’t the country already gone far back already in the last 20 months?
    Sure all the idiots attending this contrived show forum realise they are being used.
    How many idiots are there in Fiji?
    And then they all wonder why Fiji is where it is!

    Reply
  3. Reena says

    August 3, 2024 at 8:25 am

    Anthony James Regan is going to make a killing out of this to the tune of million plus

    Reply
  4. Only me says

    August 3, 2024 at 9:30 am

    LLB ONLY = low life basket.
    Fella is going to make heaps of money from donations given by Australia. Question is how many more constitutions are we going to change to satisfy God’s people. If one is not willing to change from within how can a book change you and make the cawntry better.

    Reply
    • Me too says

      August 3, 2024 at 11:33 am

      We must include prophetess Lilly Java and guru Bageshwar Dham Sarkar and members of the $3m lost tribe in any constitutional discussions that might impact their bottom line. Do not forget all the super educated, cultured, and the most wise big chiefs, all bastions of racism.

      Reply
  5. ROTFI’s Patriot says

    August 3, 2024 at 11:03 am

    How a referendum is conducted is also critical. The most recent ones, like in New Cal and for BREXIT have been disastrous.

    There’s a few key things that the racists and bigots want:

    1. A role for the Great Council of Chiefs in a decision making, thereby effectively defeating the concept of democracy.

    2. Electoral system back to along communal and ethnic lines, again degrading democracy.

    3. Change of secularism to a Christian State effectively alienating freedom of religion.

    For Rabuka, Democracy was, is and will be a foreign flower. The enablers such as the Nutty Professor, money gobbling Inia and his stooges, Dick Naidu and the rest of the cabal, will take this country down to Zimbabwe in expedition.

    The option of moving out of Fiji is more available than any time in Fiji’s history. The pace of migration is slowing because there aren’t enough people who will be left to migrate.

    The uniqueness of Fiji (versus the Pacific neigbours) is the diversity of the population, and what’s happening is going to very quickly alienate a very productive section of the population. I guess that’s what’s desired. Reduce the Indo Fijians to less than 25% of the population.

    Reply
  6. Fiji Nuush says

    August 3, 2024 at 11:09 am

    Just make sure that :

    1) NO MORE IMMUNITY FROM STAGING MILITARY COUPS AND URSURPING DEMOCRATICALLY ELECTED GOVERNMENTS

    2) EQUAL RIGHTS FOR ALL

    3) NO MORE FIRST CLASS AND SECOND CLASS CITIZENS.

    4) NO CHRISTIAN STATE.

    Reply
  7. Anonymous says

    August 3, 2024 at 12:53 pm

    1- They are clueless what to change. It’s just a mantra for whoever “they” are. They just don’t like the people that wrote it. So again the Change brigade are ignoring the constitution contents but going for the heads of the writers who they have deemed their enemy.
    2-Current behavior does not give confidence that any constitution, new or old, will be followed. Rule of law concept is faded.
    3-The Constitution gathers dust on a bookshelf, until it suits an agenda, for it to the be dusted out and used to explain for one’s own failures.
    4-ANY constitution will not by magic improve the lot of all those resident Fijians with names in the VKB or not.

    Reply
  8. Fiji Nuush says

    August 3, 2024 at 2:34 pm

    Pro Regan may have ignored the fact in stating that the 1987 military coup occurred “when the first real shift of power happened” in the 1986 elections.

    The 1987 coup as was a deliberate communal racist take over of a democratically elected government by a British-construct Racist military madman together with his band of ethnonationalists who perceived that Dr Bavadra’s government as an Indian dominated one!!

    This perception was also dished out to the world’s media.

    Immunity Rabuka has and still is playing the communal card having used it and the multi party system during past elections, to appease the iTaukei.

    The “God bless, have a blessed day” iTaukei have a tough time moving away from the colonial mindset and to be inclusive of all of Fiji’s population.

    Reply
  9. Rosy says

    August 3, 2024 at 3:58 pm

    Any constitution of a country must be bases on Equal citizens rights and opportunities. Until the philosophy which hold one race superior
    and another
    inferior
    is finally
    and permanently
    discredited and abandoned.
    That until there no longer
    First class and second class citizens of any nation.
    Until the colour of a man’s skin
    is of no more significance than the colour of his eyes or hair.
    That until the basic human rights
    are equally guaranteed to all,
    Without regard to race.
    That until that day
    The dream of lasting peace,
    World citizenship
    Rule of international morality is followed by Fiji.
    Will remain in but a fleeting illusion to be pursued,
    But never attained
    Until the ignoble and unhappy regimes like Fiji .
    That hold our brothers and sisters both Fijians and Indians and all,
    Sub-human bondage.
    There’s chaos in Fiji until constitution is sorted once for all.

    Reply
  10. Peceli says

    August 3, 2024 at 4:47 pm

    Dr Regan is certainly is a tame academic from Australia known more for his policy research work at the govt-funded National Research Institute of Papua New Guinea. I would not be spending sleepless nights worrying about any great pearls of wisdom that may fall from his mouth. Though touted as an expert in conflict resolution there is no conflict in Fiji right now, what conflict that may exist is not political but economic which is more about spreading the fruits of development more evenly, and there is no need to change the Constitution to achieve that. In fact there is nothing in the 2013 Constitution that stops my fellow indigenous Fijians from making a success out of life. What’s stopping us lies outside the Constitution so why in the Lord’s name should we change it?

    Reply
    • Professor of Simple Observation says

      August 3, 2024 at 6:58 pm

      Because it’s easier to blame the constitution for the inequality of wealth distribution.
      It’s an ongoing blame game. The blame shifts to another and then another as the tide ebbs and flows.
      The other well known constitution (the bible) has also been blamed for the failures of the indigenous, so no surprises that a man made written constitution is blamed as well!

      Reply
    • Anon says

      August 5, 2024 at 5:23 pm

      Brother peceli, you may be right :…”not to worry about any great pearls of wisdom that may fall from his mouth”, we can agree as much.

      The real problem, however, is that LLB has his mouth very close to several black pearls of wisdom and may even have swallowed a few.

      That is the problem. LLB has made it plain he is here to do the bidding for the ag, minister of just us, cj, and the senile serial adulterer, serial liar, devout christian, mutineer, racist, and treasonous bastard.

      In other words, a “draft” new constitution is already in their back pockets and LLB will drink from the same bitter well of racism and hate in exchange for large some of money and black lollipops as a bonus.

      Reply
  11. Fiji Nuush says

    August 3, 2024 at 5:59 pm

    Rosy, that speech at the United Nation’s by Ethiopia’s Emperor Haile Selassie in 1963 is still relevant today.

    He was right.

    And relevant for Fiji.

    Many world leaders have over the decades ignored H.I.M’s speech.

    Let’s hope that the dunderhead politicians in Fiji take heed of what was said back then and eventually come up with a constitution that ensures the basic human rights for all its citizens without regard to race.

    Reply
  12. Simeon Halstead says

    August 3, 2024 at 8:33 pm

    I don’t understand how correspondents here can jump to strident conclusions about, for example, removing equal rights. As Graham says, nothing yet has been explained about what the government wishes to change.
    It was imposed on Fiji without consultation and it is all too clear from the demise of Fiji First that everything then was being built to entrench and enrich two people. That was the truly scary path Fiji was on , and so, despite the mistakes and indecision, at least Fiji got itself back on a democratic path. That at least is something to celebrate and the reason, I think , to let this government at least find their feet, and starting consultations on improving the constitution now that everyone has a say should be construed as a positive development.
    Fiji was heading along the path of Venezuela under the previous corrupt government of 2. Fortunately, unlike Venezuela, the military kept out of the fight, and democracy, however imperfect, was restored.

    Reply
    • Graham Davis says

      August 4, 2024 at 11:39 am

      “Let this government” find its feet? The average toddler has found their feet faster than these jokers.

      Reply
      • Fed up says

        August 4, 2024 at 2:16 pm

        But., but, but, GD, you do not understand. God’s lost tribe have but two feet. And one is permanently lodged in their mouth.

        Centipedes, mongoose, gorillas, monkeys, bovines, equidae – assess of any stripe including donkeys— all as deftly sure footed creatues as they are would struggle to find their feet in Fiji.

        All because of the two man rule of before as opposed to weed and bonking, adultery, wife bashing, racist bigots we have now with no one in charge.

        The patients are running the asylum.
        All because of the last 2-man rule.

        A new constitution will be the magic wand to get Fiji on the way to utopia.

        A new constitution will remove all immunity clauses and remove the military as guardian angels of the constitution. New guardians are to be GCC. Pure bliss Fiji will be.

        The magic document will be blessed by the $3m lost tribe and all convicted racist rapist pastors and drugs king pins.

        The celebratory banquet will be at the flagstaff hotel FOC courtesy of the ginger minister and drug king pins. Blessings will be offered by the lost $3m tribe and the GCC.

        Reply
  13. Hussain says

    August 3, 2024 at 10:33 pm

    “The Government can look at legal avenues to amend the 2013 Constitution as it was imposed by the military regime and the people were not consulted on its implementation”.
    Not the military regime but by one man and signed off by his puppet.
    He was assisted by few and called 2013 constitution. Con job,drafted paper in darkness and turned into rules to follow by people of Fiji.
    Those few who assisted in designing the 2013 constitution needs to be unmasked as well.
    Yes,change the constitution with legal and transparent way.
    There shouldn’t be any hidden agenda to save someone’s ar:$se from law.

    Reply
    • Graham Davis says

      August 4, 2024 at 11:42 am

      Listen up. Until it is changed, if it is changed, the 2013 Constitution is the supreme law. Every single one of those present at this gathering in an official capacity swore on oath to defend it when they took their jobs.

      Questioning its provisions is questioning the rule of law itself. It is THE law and to defy it is a recipe for social mayhem.

      Reply
  14. Part Time Expert says

    August 4, 2024 at 2:15 am

    The Coalition Govt Cabinet has just passed a new national Vision for Fiji to the year 2050. It “presents long-term development aspirations of Fijians in the next 25 years,” according to a government statement released after a Cabinet meeting. In other words, it’s sets the direction for all decisions of government including whether or not the 2013 Constitution will be changed.

    The vision forms part of of the new National Development Plan. It seeks to ‘Empower the People of Fiji through Unity’ and seeks to establish an inclusive and prosperous nation that thrives towards a resilient and sustainable economy.

    I can’t see how setting up a dominant indigenous state with an expanded Great Council of Chiefs, the Graham Leong’ and Jone Baledrokadroka’s GCC-plus formula, will bring about the desired “Unity” the National Vision seeks to attain.

    Only a common and equal citizenry, a common identity and a secular state can achieve that National Vision.

    Reply
  15. Sad Observer Scared for Fiji says

    August 4, 2024 at 8:49 am

    I suspect there are many whose motive to change the constitution is purely because it was forced on them. Those probably don’t understand the constitution or care to, nor do they have the education to understand the principles of democracy that guide a constitution. They are just angry it was forced and can’t separate the emotion from the theory and practice of democracy. The rest who are pushing for change don’t understand or want progress, and are happy for Fiji to be stuck in the past where the Chiefs rule, and there’s no place for foreigners (unless of course they can get hold of the foreigners cash). They want the benefits of western society and globalisation (the internet, the iPhones, the tourism, the cash), but they don’t want to play by western/global rules. In other words, they want their cake and eat it too. In an ideal world there would be some kind of process of consultation where the democratic principles were held tight, but sensible improvements were made that arose from the consultative process to move on from the “it was forced on us” emotions.

    Reply
    • Happy vulagi says

      August 4, 2024 at 5:07 pm

      Nailed it 💯!

      Reply
    • Anonymous says

      August 4, 2024 at 6:18 pm

      Spot on.

      Reply
  16. Vili Wadali says

    August 4, 2024 at 9:51 am

    Like it or not, there is a growing groundswell of opinion that its time to either amend or throw out the 2013 Constitution.

    Reply
    • Graham Davis says

      August 4, 2024 at 11:43 am

      I repeat. And replace it with what?

      Reply
    • Get down on it says

      August 4, 2024 at 5:39 pm

      Vili cares not to explains what/why, nor even which provisions are not agreeable, and how so.

      To repeat:
      Here are some baseline novel-if not completely alien suggestions before we even begin to worry about another constitution:
      1. Follow the rule of law
      2. 2013 Constitution is THE LAW
      3. Reverse all illegal judiciary appointments
      4. Follow the rule of law
      5. Ensure fair and equal justice for all – no exceptions.
      6. Stop racism, bigotry, and hate.
      7. Follow the rule of law.
      8. Stop demonizing the vulagi; stop with the hate.
      9. Follow the rule of law
      10. Embrace pluralism of our people, diversity is a strength. Ditto secularism.
      11. Be specific when saying “we need to change 2. 2013 Constitution is THE LAW
      12. Follow the rule of law.
      13. Stop ethnic cleansing of civil service.
      14. Embrace pluralism of our people, diversity is a strength.
      15. Be specific when saying “we need to change the constitution,” state the what/why exactly has to
      change and offer alternatives/solutions.
      16. You guessed it: Follow. The. Rule. Of. Law

      Reply
      • Graham Davis says

        August 4, 2024 at 11:50 pm

        Brilliant. Vinaka!

        Reply
    • Happy vulagi says

      August 5, 2024 at 8:42 am

      Funny how the itaukei never complain about how the vulagi bible was forced upon them. Other than the small matter of eating Rev Baker and seven of his native followers.

      Reply
  17. Go Drink Some Kool Aid says

    August 4, 2024 at 10:09 am

    Why should you be able to force your phony constitution on the populace without their involvement or input? Who gave you the right to unilaterally change what I had without our say? This phony constitution was a concoction to ensure only 1 side survives and rules in perpetuity. What is more laughable is that the Fleas Fleeing Party didn’t even follow the political parties act for the 16yrs now how tf do you explain that. Stop trying to criminalise the effort to rid ourselves of this messed up garbage because the sooner its amended the better.

    Reply
    • Graham Davis says

      August 4, 2024 at 11:45 am

      I repeat. And amend it to what?

      Reply
      • Vili Wadali says

        August 4, 2024 at 6:50 pm

        We have the 1997 Constitution which a Court of Law has deemed to be legal. Lets hit rhe Reset button and go back to that.

        Reply
        • Graham Davis says

          August 4, 2024 at 11:52 pm

          No, because it doesn’t provide for a common and equal citizenry or a common identity. The 2013 Constitution provided this for the first time and there is no justification for going backwards.

          Reply
    • Conspiracy says

      August 4, 2024 at 6:32 pm

      And you probably have evidence that there was another shooter at the Trump rally..

      Reply
  18. Imperfect Constitution says

    August 4, 2024 at 2:31 pm

    There is a saying, change is good. Change is only good if changes to the constitution benefit many who call Fiji their home, including those residing outside Fiji. Deep down inside, while living with the imperfect constitution for 10 years, there is no place like home. After watching Prof. Regan’s presentation, I’m interested to see the constitution process that the government would take, ensuring equal citizenry participation and respecting the consultation/ dialogue outcome, unlike what happened to Prof. Ghai.

    Reply
  19. Farmer Brown says

    August 4, 2024 at 6:13 pm

    The primary idea of the new amended or changed constitution is to give the Fox the keys to the henhouse, the storehouse, the munitions house, the farmhouse and not forgetting the .22 cabinet .

    Reply
    • Happy vulagi says

      August 5, 2024 at 8:10 am

      And the out house. Keys to the out house. There’s the crack house. Then there’s the crap house.

      Sorry GD -I need to laugh if not go crazy!

      Reply
  20. Ordinary Joe says

    August 5, 2024 at 7:31 am

    “when the first real shift of power happened” in the 1986 elections.

    For those long in the tooth and/or history buffs, the “first real shift of power” was 1977 when the then governor general refused to swear-in Mohd siddiq koya (of NFP, when it was a real party) after Mara and the alliance party lost the election.

    The then gg then went against the will of the peopleand reappointed Mara in a minority government claiming Koya did not command majority support. That was a matter for the parliament to determine in the first sitting, and not the gg. What the gg did was refuse to recognize the lection results. A familiar occurrence since.

    And here we are.

    As for the the neo-colonalist whats-his-name “professor”, pretending to be a constitutional expert does not make him one anymore than yours truly becoming an expert mechanic by visiting an auto repair garage.

    More importantly, the man has been hired for an undisclosed amount money from the public purse to do as he is told by the racist bigots currently driving the clown car.

    With that said, Nuush is othwise on the button.

    Reply
  21. Joe R Manoi says

    August 6, 2024 at 1:09 pm

    The constitution consultation was done without or with a few FFP supporters only, basically, its only drawn up in favor of a certain minorities. And because of the dictatorship power that being vested upon ASK and Bai…people are just doing things with fear, so there was a need to properly screen the constitution.

    I do not favor any side, but that how I feel during the dictatorship era of Bai and ASK…FEAR.

    Reply
    • Graham Davis says

      August 6, 2024 at 4:13 pm

      How does the present constitution “favour certain minorities”? It establishes everyone as equal. Equal opportunity irrespective of ethnicity and religion. And for you to say otherwise is nonsense.

      Or perhaps you want it to be slanted in favour of the iTaukei? Eff off.

      Reply

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About Grubsheet

Graham Davis
Grubsheet Feejee is the blogsite of Graham Davis, an award-winning journalist turned communications consultant who was the Fijian Government’s principal communications advisor for six years from 2012 to 2018 and continued to work on Fiji’s global climate and oceans campaign up until the end of the decade.

 

Fiji-born to missionary parents and a dual Fijian-Australian national, Graham spent four decades in the international media before returning to Fiji to work full time in 2012. He reported from many parts of the world for the BBC, ABC, SBS, the Nine and Seven Networks and Sky News and wrote for a range of newspapers and magazines in Australia, New Zealand and Fiji.

 

Graham launched Grubsheet Feejee in 2011 and suspended writing for it after the Fijian election of 2014, by which time he was working at the heart of government. But the website continued to attract hits as a background resource on events in Fiji in the transition back to parliamentary democracy.

 

Grubsheet relaunches in 2020 at one of the most critical times in Fijian history, with the nation reeling from the Covid-19 crisis and Frank Bainimarama’s government shouldering the twin burdens of incumbency and economic disintegration.

 

Grubsheet’s sole agenda is the national interest; the strengthening of Fiji’s ties with the democracies; upholding equal rights for all citizens; government that is genuinely transparent and free of corruption and nepotism; and upholding Fiji’s service to the world in climate and oceans advocacy and UN Peacekeeping.

 

Comments are welcome and you can contact me in the strictest confidence at grubsheetfeedback@gmail.com

 

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