Territorial Integrity of the Former Soviet Republics

PASMUN VII 2016
GENERAL ASSEMBLY FOURTH COMMITTEE
SPECIAL POLITICAL & DECOLONIZATION
Territorial Integrity of the Former Soviet
Republics
Deputy Chair - Jessica Kim
Pacific American School Model United Nations
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VII Annual Session
Research Report
Pacific American School Model United Nations 2016 | VII Annual Session
Forum:
General
Assembly
Fourth
Committee:
Special
Political
and
Decolonization Issue:
Territorial integrity of the former Soviet Republics
Student Officer: Jessica Kim Position:
Deputy Chair Introduction
With the Soviet Union being officially dissolved on December 26, 1991, fifteen independent states
emerged: Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan. Since the dissolution, violent political
and ethnic conflicts have arisen. One of the issues is that the sudden dissolution forced unprepared
governments to attempt at rebuilding their economy and ruling their territory. This has led many of these
succession states to fail in governing their population and to fall into the hands of corruption. Another
issue is that since the sudden division of land did not take into account the ethnic groups that occupied
the area, many of such groups were separated or forced into new countries. The majority of these groups
have tried to gain their own official control over the land through separatist movements (often entailing a
civil war) and succeeded in their attempt. But since they are unrecognized by most of the other states,
they are not considered as independent states. Due to this complication, various succession states are in
power over their territory in name only, ending the conflicts in stalemate (thus referred to as frozen
conflicts). An aspect that fuels these frozen conflicts is Russia’s constant involvement. Russia often
appears to be active in separatist movements as unofficial sponsors or mentors. Since the Russian
population is diffused all over the land, the country intervenes in other states’ conflicts to “protect the
Russian population” in the area by methods that violate territorial integrity. However, the UN has not been
able to execute any significant plans to reduce Russia’s illegal interventions due to the country’s constant
use of veto power in the Security Council. Research Report | Page 1 of 14
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Caption #1: The map of the fifteen former Soviet republics. Definition of Key Terms
Territorial Integrity A principle under the international law that states the imposition by force of a border change is an
act of aggression and that nation-states should not attempt to promote secessionist movements or border
changes in other nation-states.
Former Soviet Republic The 15 independent states that emerged from the dissolution of the Soviet Union in December
1991. All three Baltic states (Estonia, Latvia, and Lithuania) claimed continuity from the original states they
were before they joined the Union in 1994 and were admitted to the United Nations on 17 September
1991. These three states focused on obtaining European Union and North Atlantic Treaty Organization
(NATO) memberships. The remaining 12 all subsequently seceded and formed the Common Wealth of
Independent States (CIS).
Russo-Georgian War (2009)
Although it started as a domestic conflict of Georgia, with the rebel groups South Ossetia fighting
for freedom, it evolved into a violent war between Georgia and Russia. Russia was accused by Georgia
to be supporting the rebel groups, while Russia has accused Georgia of harboring Chechen rebels. 130
civilians and military personnel were killed, and 1,165 were wounded, the majority of casualties being
caused by Russia’s air strikes that were supposedly aimed at military transport lines that hit civilian villages.
Many other states critiqued Russia’s involvement to be driven by the desire to control the oil supply of
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Georgia. Russia’s military involvement was condemned by many state governments and NATO to be a
direct violation of territorial integrity. Crimean Peninsula Crimea only became a part of Ukraine in 1954 when Nikita Khrushchev (the Soviet leader)
transferred jurisdiction from Russia. The move did not mean much then since Ukraine and Russia were
both part of the Union. However, after the dissolution, Crimea became the pro-Russian part of Ukraine
that was the only formally autonomous region. After a large population of Crimea remonstrated to become
a part of Russia instead, military tension has formed between Ukraine and Russia. Although Obama and
many other state representatives have warned Putin against any military aggression, Putin intervened
stating the situation was putting at risk the lives of Russian citizens and military personnel stationed at a
naval base that Moscow has maintained in the Black Sea peninsula since the Soviet collapse. The
peninsula was annexed by Russia on 18 March 2014, with Ukraine stating the crisis as a blatant violation
of international laws. Many other states agreed with Ukraine, and so the annexation was recognized only
by 6 states including Russia itself. Background Information
Territorial integrity over the ages In the distant past, international law failed to protect the territorial integrity of sovereign states. For
example, the Covenant of the League of Nations proved itself to contain many procedural restraints. It was
only in 1928, with the Kellogg-Briand Pact, did territorial integrity start to gain definition. The United Nations
Charter of 1945 also stated similar rules, imposing the prohibition on the use of force except where
authorized by the Security Council. This important part of the international legal order is still enshrined in
Article 2, paragraph 4”[1] (the prohibition of the use of force). The increasing importance of international
human rights law, including the right of self-determination, has surprisingly caused territorial integrity to be
even more greatly valued. Organizations such as the Organization of African Unity (predecessor of the
African Union) started to form and insisted upon the maintenance of independence the past colonial
borders. There is a controversy rising over how some people consider territorial integrity to be an outdated
concept due to globalization, but the International Court of Justice remains its stance that “the principle is
an important part of the international legal order”. Kellogg-Briand Pact
Also known as the Pact of Paris, or officially the General Treaty for Renunciation of War as
an Instrument of National Policy, this agreement was a 1928 international agreement in which
Signatory states swore to not employ war as the method to resolve "disputes or conflicts of
whatever nature or of whatever origin they may be, which may arise among them.” Those who fail
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to abide "should be denied of the benefits furnished by this treaty." Germany, France and the United
States signed on August 27, 1928, and most states followed afterwards. The pact was sponsored
by France and the U.S. It is named after its authors, United States Secretary of State Frank B.
Kellogg and French foreign minister Aristide Briand. This pact still remains in action. Article 2.4 of the Charter of the United Nations The article states: “All Members shall refrain in their international relations from the
threat or use of force against the territorial integrity or political independence of any state, or
in any other manner inconsistent with the Purposes of the United Nations.” This concept is
repeated and explained further in the Friendly Relations Declaration of 1970 and the Definition
of Aggression of 1974. The most confusing part about the article is probably the words “against
the territorial integrity and political independence of any state”. These were inserted at the San
Francisco Conference in 1945 to emphasize the imperative matter of not infringing on territorial
integrity and political independence. It does not limit the no-force act detailed in the article, like
many misinterpret the article to mean. Another imperative point is that this principal protects
territory under a States effective control and possession, not only that over which it has de jure (of
right, by right, according to law) title. When a piece of territory is disputed, a State has no right to
‘recover’ the territory, since that would infringe the territorial integrity of the State in control of the
disputed territory. This principal has caused the UN General Assembly’s 1974 Definition of
Aggression (UNGA res. 3314 (XXIX)) and the definition of “crime of aggression” adopted by the
2010 Review Conference of the Rome Statue of the International Criminal Court (Res. RC/Res.6),
to define “aggression” or “act of aggression” as “means the use of armed force against inter alia
the territorial integrity of another State.” History of the Union of Soviet Socialist Republics, (U.S.S.R.) Establishment
The last Russian Tsar (Nicolas II) ruled until March 1917 when the empire was overthrown
and the temporary Russian provisional government took power. The provisional government was
then in turn overthrown in November 1917 by Vladimir Lenin. He formed the Russian Soviet
Federative Socialist Republic (RSFSR), an independent state. The other Soviet republics were
independent states as well. In December 1922, the Treaty on the Creation of the USSR was officially signed by the
Russian Soviet Federative Socialist Republic, Transcaucasian Socialist Federative Soviet
Republic, Ukrainian Soviet Socialist Republic, and the Byelorussian Soviet Socialist Republic to
establish the USSR. It had a new centralized federal government in the area of Moscow. . By 1940,
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12 other republics joined the Union as well. The Union was led based on a one-party ruling system
by the social-democratic workers’ party Bolshevik. Dissolution of the Soviet Union/Conclusion The Soviet Union became unstable when the Poles, Czechs, Hungarians, and others
successfully claimed independence. Many others, including the Lithuanians, Estonians and
Latvians were “enormously enhanced by what they saw happening in the 'outer empire' and they
began to believe that they could remove themselves from the 'inner empire'. (BBC)” Another factor
that led to the dissolution was Boris Yeltsin. He worked toward anti-establishment and demanded
Russian “sovereignty” from the Union in 1990 and “full independence” in 1991. Gorbachev, the
last leader of the Soviet Union, established a new Union Treaty in 1991 that kept a majority of
republics, including Russia, within a much looser federation.
This caused conservative communists in the party apparatus, the military and the KGB (the
main security agency for the Soviet Union) to initiate a coup in August 1991, putting Gorbachev
under house arrest. The coup failed, but Gorbachev, who was elected as the president of the
Soviet Union in 1990 not by citizens’ votes but indirectly by the Congress of People's Deputies,
was greatly opposed by people he had appointed to high office. Yeltsin preceded to lower the red
flag from the Kremlin on 25 December 1991, and by the end of the month, the Union was dissolved,
with fifteen independent states. The Union was dissolved in a state of havoc, and the lack of
preparation has led to economic and social failures in the newly emerged States. The states had
to govern their own territory with no prior experience, and had to learn how to rebuild their
economies. The sudden dividing of borders did not take into account the various ethnic groups in
the area, which led to the demand of independence in many states. These difficulties have led to
corruption in many post-Soviet states’ governments and the eruption of civil wars. Key Issues
Russia’s involvements on post Soviet States’ domestic conflicts Russo-Georgian War The Russo-Georgian War was a conflict centered on South Ossetia and Abkhazia, the two
rebel groups of Georgia. Russia recognized the legitimacy of the two states and sent peacekeeping
operations in both areas. According to the European Union, the five-day conflict led to the death
of 170 servicemen, 14 policemen, and 228 civilians from Georgia, with the addition of 1,747 people
wounded. 67 Russian servicemen were killed and 283 were wounded, and 365 South Ossetian
servicemen and civilians were killed. Right from the dissolution, Georgia was politically unstable. South Ossetia’s declaration of
independence from Georgia in 1991 (the year of the dissolution) was followed by heavy warfare,
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which lead to a civil war, forcing thousands of civilians to flee their homes. The Abkhazian
separatist forces successfully defeated the Georgian military in September 1993. Although a
ceasefire was agreed on between the Georgian government and Abkhaz separatists, fighting
resumed in October 2001. Russia sent peacekeeping troops and accused Georgia of harboring
Chechen rebels, a claim denied by Georgia. In September 2002, Vladimir Putin sent a letter to the
Secretary General and UN members stating that of Georgia does not respond to the accusations,
it will have to face Russia’s military forces. After that, Russia sent several hundred unarmed troops
to Abkhazia, saying they were needed for railway repairs. Georgia, however, accused Russia of
planning a military intervention. In 2008, South Ossetian separatists ended the ceasefire by
attacking Georgian peacekeepers. Georgian President Mikhail Saakashvili deployed troops into
South Ossetia, while Russia responded by moving its troops to the border and beginning airstrikes
in South Ossetia. Later, through the help of mediators, a peace treaty was signed between Russia
and Georgia in 2008. However, the Russian President Dmitry Medvedev signed an order
recognizing the independence of South Ossetia and Abkhazia in the same year. The U.S.
President George W. Bush responded by saying: "The United States condemns the decision by
the Russian president to recognize as independent states the Georgian regions of South Ossetia
and Abkhazia. The territorial integrity and borders of Georgia must be respected, just as those of
Russia or any other country. Russia's action only exacerbates tensions and complicates diplomatic
negotiations.” This view was shared by many other nations, but the U.N. did not intervene in the
issue due to Russia’s veto. Crimea Crisis/ Ukrainian Civil War Viktor Yanukovych, the past president of Ukraine who was ousted from office over
corruption, was faced with a choice after bringing barreling the country toward economic
catastrophe. He had to engage in a “long-term, initially painful deal with the EU to bolster
integration and trade” (The Guardian) or take a $15 billion loan from Russia to work toward the
planned "Eurasian Union" with Belarus, Kazakhstan and Russia. After he chose the latter, mass
demonstrations broke out. As the government employed failed methods to control the coup,
“disparate factions joined, uniting liberals, moderates, technocrats, pro-European and far-right
nationalists” (The Guardian). As the activity’s death toll risen over 100 and no signs of cessation
appeared, Yanukovych fled to Russia. During the last few days of the remonstration, Putin ordered
“surprise military drills” near the border of Ukraine and in the Black Sea base in the Crimean
Peninsula. Very coincidently, masked figures (some with Russian passports) seized airports and
governmental buildings of Crimea on the same day. Although Russia publicly announced them to
be “local self-defense groups”, many critics doubted the statement. After the government was overthrown in Crimea, the citizens hosted a referendum that
worked more like a confirmation, with only two options: to join Russia or to work toward Crimea’s
independence. The referendum resulted in a 97% vote to join Russia. Days later, Putin delivered
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two speeches celebrating the annexation that was done "without a single shot fired and no human
casualties", a highly contradictory statement. He glorified Crimea’s “return home” and announced
it as an official annexation. Weeks after various degrees of warning and threatening, the EU blacklisted 33 Russians
and Ukrainians, while the US’s sanctions were directed toward a bank and 31 people including
powerful businessmen, with the basis that the annexation was executed illegally. The sanctions
deemed “assets frozen, visas revoked and a ban on US companies' business with the targets.”
(The Guardian). EU nations have also stated their plan to extend the body of sanctions, but due
to disagreements on some details they have not done so yet. Sanctions were proved to be difficult
due to the fact that Great Britain has kept a long relationship with wealthy Russians, while Germany
and France has replied on Russia’s gas exports. NATO, however, firmly resuscitated operations
in Baltic countries and broke all ties with Russia. With the UN “roundly condemning” (The
Guardian) Russia, meetings have been held between top diplomats in Russia, the US, and the
EU. These meetings have failed to bring any positive results. The problem did not just stop there. After Ukraine withdrew troops from Crimea, Russia has
been reported to host troops gathering in Donetsk and Luhansk, the two major industrial cities. On
the 7th of April, protestants of Donetsk, Luhansk, and Kharkiv occupied government buildings. Like
the trend of the Arab Spring, the idea of revolution influenced many other eastern Ukrainian cities,
causing many pro-Russian leaders of these cities to declare their intention of hosting referendums
and gaining more freedom. After the referendum, Donetsk and Luhansk both declared themselves
as independent "people's republics" on the 11th of May. The move is unrecognized by both the
West and Ukraine. On June 20th, after the election of Poroshenko as the new Ukrainian president,
a peace plan was proposed. However, an insurgency broke out the next month on the 5th of July
in southern Ukraine. Although another ceasefire was initiated by the leaders of Russia, Ukraine,
Germany, and France, heavy fighting continued. Ukraine insisted that the domestic conflicts were triggered by Russia, accusing the
Russians to be a regular forces in the fighting in Ukraine. Ukraine also accused Russia to be
sending well-trained volunteers with heavy weapons to help the rebels. Even though Russia
denied all of these accusations, the rebel leader in Donetsk admitted that many Russian soldiers
have joined the rebel force. Research Report | Page 7 of 14
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Caption #2: The map of Eastern Ukraine Major Parties Involved and Their Views
Russian Federation Russia has been noticed to participate in almost all of these post-Soviet state conflicts. For
example, it has actively participated in the Georgian civil war by bombing the civilians while stating that its
aim was to destroy the rebel group’s arms supplies. The country states to the public that their actions are
for protecting the Russian population in the area, for fighting terrorism, or for other accusatory causes.
However, many critics think that it is Russia’s want of expanding its sphere of influence that leads to these
violations of territorial integrity. Many believe Russia’s motive behind the annexation of Crimea included
the direct access to the Black Sea as well as the expansion of land. Ukraine From 2010 to 2013, Ukraine has kept a peaceful and intimate relationship with Russia. However,
after the president’s rejection of the EU agreement in 2013 that led to a civil war, Ukraine’s government
has changed its stance to deny Russia’s influence in its land. In detail, the rejection started a revolution
among the people and ignited the fight between the pro-Russian cities with the rest of Ukraine. Many of
the cities have hosted referendums, and have announced themselves to be independent states, an act
that is not recognized by Ukraine nor by other states. Even though multiple ceasefires were attempted,
none worked. In the early stages of the conflict, Crimea was illegally annexed by Russia. Now, Russia is
known to be participating in joining the rebel groups of Ukraine. It is also accused of sending heavy
weaponry and volunteers to bolster the rebel’s power. Research Report | Page 8 of 14
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Caption #3: Ukraine’s current status. Georgia Georgia is one of the post-Soviet States that is in conflict with Russia. During its civil war, Russia
has intervened by employing methods to increase the rebels’ powers. The violent fighting between Russia,
Georgia, and the rebels has led to a refugee crisis as 40,000 fled from their homes to find safety and peace
in other places. Although the rebel groups have announced themselves to be independent states, only a
few states including Russia recognized their sovereignty. Many believe that Russia has intervened in the
Georgian civil war for Georgia’s natural resources such as oil and for its important geographic location.
Georgia has cut off all trade and diplomatic relations with Russia after Russia’s support for the rebel
groups. United States of America The United States maintains peaceful to close relationships with most Post-Soviet States. Part of
the reason it gets along well with these states is due to the agreement that Russia is constantly infringing
on other state’s sovereignty, therefore violating the international law. When the Russian government began
to help the rebels of Georgia, the United States took measures to help the Georgian government. Russia’s
violations on territorial integrity is not the only strain on the relationship between the two countries. The
bitterness can be traced to the World Wars and to the Cold War that followed. European Union The split of loyalty of the past Soviet States oftens comes in two ways: loyalty to Russia, or loyalty
to the West. Due to Russia’s constant infringements on territorial integrity, many of the Post-Soviet States
are either already part of the EU or striving to become a part of the EU. The EU is also a powerful force
that is striving to reduce Russia’s violations of international laws. For example, after Russia’s illegal
annexation of Crimea, the EU has designed sanctions on Russia, stopping trade between the two sides.
Unfortunately, the sanctions did not bring many positive influences but instead increased Russia’s negative
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feelings toward the West. The EU, after observing no significant changes, decided to add more to the
sanction. This plan has not been carried out due to disagreements on details between the member states.
Germany is especially engaged in the situation of Ukraine. The German Chancellor was one of the first to
declare Russia’s annexation of Crimea to be unacceptable. Germany has become the leader of the project
because of its economic wealth. With its massive market, sanctions will lead to extremely negative
economical influences in Russia. Another reason Germany is so involved in the project is because the
“entire geopolitical order to the country’s East is at stake” (Carnegie Europe). Germany is working with the
EU and the United States closely to help Ukraine defend itself against Russia. The Baltic States
Since Latvia has the largest minorities of Russian speakers in Europe, it is especially endangered
from Russia’s schemes to “protect the Russian population”. Due to the fact that two-third of the Russian
speaking population are categorized as “non-citizen” thus officially stateless, they have limited rights.
Russia has long since accused Latvia for suppressing the rights of the Russian population, so the EU,
NATO, and Latvia itself are expecting Latvia to become the “new Ukraine”, to become the next country to
be intruded. Estonia is in a very similar situation. With a large Russian minority mixed with the Estonian
population, it is exceptionally noticeable to Russia. However, its close relationship with NATO and
especially the US ensures some degree of stability in their future. In Lithuania, the Russians make up
more than 10% of the population. Like the other Baltic States, it is vulnerable to Russia’s attack.
Lithuania has actively showed its support for Ukraine and has encouraged the other NATO members to
do so by being the first country to provide arms for them.
Timeline of Relevant Resolutions, Treaties and Events
Date
Description of event
Dissolution
1991 The Soviet Union dissolves into fifteen succession states. First Elections
1990-1991
The fifteen post-Soviet States hold their first elections. The Georgian Civil War
1991-1993
1992
The conflict starts, later leading to the Russo-Georgian War. Transnistria War
Conflict between Transnistria, the rebel group of Moldova, and the government
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arose, due to the majority of Russian-speaking population fearing union with
Romania. Civil War in Tajikistan
Conflict broke out between the government and ethnic groups who were
1992-1997
underrepresented in the government. The war was resolved with the "General
Agreement on the Establishment of Peace and National Accord in Tajikistan"
and the "Moscow Protocol". 1994-1996
2007
2009
2010-2011
First Chechen War
War breaks out between Russia and Chechnya. War in Ingushetia
Rebels attempt to gain control of the government in Ingushetia. Insurgency in the North Caucasus
Multiple insurgencies emerge in the North Caucasus region.
Tajikistan insurgency
Sporadic fighting breaks out between the rebels and the government. South Kyrgyzstan ethnic clashes
2010
Conflict rises between two ethnic groups, with the government becoming
involved later. Ukrainian Revolution
2014
Rebel groups gain power causing the toppling of the Ukrainian government. It
ends with Russia’s military intervention. Annexation of Crimea by the Russian Federation
2014
This act is condemned by many nations and led to the EU and NATO to post
sanctions on Russia.
Adoption of General Assembly Resolution 68/262
27 March 2014 With 100 votes in favor, 11 against, and 58 abstentions, the resolution that
urged the house not to change the status of Crimea passed. Research Report | Page 11 of 14
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Relevant UN Treaties and Events
●
Charter of the United Nations, 26 June 1945
●
Crimea, 1992 (S/RES/779)
●
Budapest Memorandum on Security Assurances, 5 December 1994
●
Territorial Integrity of Ukraine, 2014 (A/RES/68/262)
Evaluation of Previous Attempts to Resolve the Issue
All the previous attempts can be grouped into two categories: those involved with the UN, and
those uninvolved with the UN. The UN has tried to host peace talks that have failed to prove themselves
of any use. The project of sending UN peacekeepers to post Soviet states whose territorial integrity have
been infringed on could not be extended due to Russia’s veto. The EU and member states of NATO have
set sanctions on Russia after its illegal annexation of Crimea. However, the sanctions failed to limit
Russia’s intervention of post Soviet states but only led to even more detrimental relationships between
Russia and the West. Possible Solutions
One of the reasons why many conflicts are left unresolved is due to lack of official definition of
territorial integrity. Russia has been accused of violating territorial integrity, but many other countries have
done so as well. Delegates should consider a way to ensure all nations share the same definition of
territorial integrity and will abide to it. A possible solution could be a new international treaty that includes
the official definition of territorial integrity and the entailment of punishments for those who violate the
treaty. This will be a way to limit Russia’s interventions even with its veto right. Since other countries’ and organizations’ attempts to limit Russia’s violations of territorial integrity
have all failed, another possible solution is for the International Court of Justice to rule each case for an
official compromise between conflicting parties. This will force Russia to recompense for any violations of
international law that have been proved. The ignition of Russia’s infringements on post Soviet states’ affairs is almost always a civil war led
by an ethnic group that wants to become independent. Delegates should either think of ways to reduce
the number of civil wars, or to evaluate again the division of borders, meaning member states must decide
whether or not rebel groups should be recognized as independent states. Research Report | Page 12 of 14
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Education on the post Soviet States is an often overlooked but imperative aspect to the solution,
since ignorance is one of the leading reasons why the post-Soviet conflicts are left unattended. Education
on the succession states of the Soviet Union can bring two main positive effects. One, since the post
Soviet states are rich in oil and are relatively unknown to many people, they are an extremely easy prey
to resource-thirsty nations. If the international community raises awareness about problems in this part of
the world, tyrants will find it much more difficult to take advantage of these states. Second, the future
generation must be aware of the existence of these nations in order to engage in trade or any form of
communication with this part of the world. With more cooperation, cultural and monetary benefits can be
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