Homosexuality laws of the world
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The countries of the world have a wide variety of laws relating to sexual relations between people of the same sex - everything from full same-sex marriage to the death penalty as punishment for homosexual intercourse. Among the first laws on same-sex relations ca. 600 BC are those in ancient Crete and Sparta, which encouraged all adult men to engage in mentoring homoerotic friendships.
The first recorded laws against sexual intercourse between men are dated by liberal scholars to 550 BC, during the Babylonian captivity of the Jewish people; they are recorded in Leviticus (though conservative scholars date Leviticus much older), and they prescribe the death penalty. It is largely seen as a distinction between Judaism and Paganism on par with worshiping "false gods". At the time same-sex relations were incorporated into many Pagan religions. This pattern was continued throughout history with punitive laws arising from traditional interpretations of Judaism and its descendants: Christianity and Islam. With the advent of colonialism this attitude spread along with political control from the imperial powers of the Abrahamic religions. In post-colonial times some non-Abrahamic religions have maintained their adoptive views of homosexuality. Usually an Abrahamic religion is the primary factor when accounting for a law against homosexuality and the major supporter.
Christian psychologists in Europe also attempted to rationalize the negative views of sodomy predominant in Europe in the middle ages with secular language, calling it a disease, by which means it was later absorbed as non-religious science in Communist states.
In addition to laws against the practice of homosexuality, many countries around the world consider calling a person homosexual sufficient grounds for a libel lawsuit. For example, Jason Donovan and Liberace have sued newspapers that ran articles insinuating they were gay; both men won their lawsuits.
This is a list of laws around the world concerning homosexuality. The list is arranged alphabetically by region. It should be noted that this list should not be assumed to represent a standard for measuring a nation's views, per se. Many nations which retained negative laws for a lengthy period of time, or even retain them today, may in practice be less oppressive of homosexuality than this suggests, with such laws simply being unenforced anachronisms. Similarly, a country which lacks formal laws against it may possess a culture which is openly hostile and may chose to persecute individuals by other means.
For greater depth in coverage see these related articles.
Contents |
[edit] Homosexuality laws
Country links marked "(☆)" feature special "Gay rights" articles about the country in question.
[edit] Africa
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
Algeria | Yes | 3 years | Fine | - | No | See Gay rights in Algeria |
Angola | Yes | Unknown | Unknown | - | No | |
Benin | Yes | 3 years | Unknown | - | No | |
Botswana | Yes | 7 years | Fine | - | No | |
☆Burkina Faso | No | - | - | - | No | See Gay rights in Burkina Faso |
Burundi | No | - | - | - | No | |
☆Cameroon | Yes | 5 years | Fine | - | No | See Gay rights in Cameroon |
Cape Verde | No | - | - | - | No | Homosexual acts decriminalised by the new Penal Code of 2004. |
☆Central African Republic | No | - | - | - | No | See Gay rights in the Central African Republic |
☆Chad | No | - | - | - | No | See Gay rights in Chad |
Comoros | Unclear | - | - | - | No | See Gay rights in Comoros |
☆Republic of the Congo | No | - | - | - | No | See Gay rights in the Republic of the Congo |
Côte d'Ivoire | No | - | - | - | No | See Gay rights in Côte d'Ivoire (Ivory Coast) |
Djibouti | Yes | Unknown | Unknown | - | No | See Gay rights in Djibouti |
☆Egypt | Unclear | - | - | - | No | Although not illegal, commonly oppressed with vague morality laws. See Gay rights in Egypt |
Equatorial Guinea | No | - | - | - | No | |
Eritrea | Yes | 3 years | 10 days | - | No | See Gay rights in Eritrea |
Ethiopia | Yes | 3 years | 10 days | - | No | See Gay rights in Ethiopia |
☆Gabon | No | - | - | - | No | See Gay rights in Gabon. |
Gambia | Yes | 14 years | Fine | - | No | |
☆Ghana | Yes | ? | ? | - | No | See Gay rights in Ghana |
Guinea | Yes | 3 years | 6 months | - | No | |
Guinea Bissau | Yes | ? | ? | - | No | |
☆Kenya | Male only | 14 years | Fine | - | No | See Gay rights in Kenya |
Lesotho | Male only | Unknown | Unknown | - | No | |
Liberia | Yes | Fine | Fine | - | No | See Gay rights in Liberia |
Libya | Yes | 5 years | Fine | - | No | See Gay rights in Libya |
Madagascar | No | - | - | - | No | See Gay rights in Madagascar |
Malawi | Yes | 14 years | Unknown | - | No | |
☆Mali | No | - | - | - | No | See Gay rights in Mali |
Mauritania | Yes | Death | Death | - | No | See Gay rights in Mauritania |
Mauritius | Yes | 5 years | Fine | - | No | See Gay rights in Mauritius |
☆Morocco | Yes | 3 years | 6 months | - | No | See Gay rights in Morocco |
Mozambique | Yes | 3 years | Fine | - | No | |
Namibia | Male only | Unknown | Unknown | - | Yes | Laws against discrimination in Labour Code since 1992 |
☆Niger | No | - | - | - | No | See Gay rights in Niger |
☆Nigeria | Yes. See [1] | Death/14 years | Fine | - | No | Areas under Sharia have instituted death for men and women. See Gay rights in Nigeria |
Rwanda | No | - | - | - | No | Homosexual age of consent set at 18, 16 for heterosexual sex. |
São Tomé and Príncipe | No, yes who habitually practice homosexuality | Labor camps | Labor camps | - | No | See page 34 of [2]. |
Senegal | Yes | 5 years | 1 month | - | No | See Gay rights in Senegal |
Seychelles | Yes | Unknown | Unknown | - | No | See Gay rights in Seychelles |
Sierra Leone | Yes | Life | - | - | Yes* | *The Anti-Corruption Commission stated in a press release that in a bid to attract competent and qualified staff, they operate a transparent recruitment policy, which even forbids discrimination on the basis of sexual orientation. |
Somalia | Yes | 3 years | 3 months | - | No | Areas under Sharia have instituted death for men and women. |
☆South Africa | No* | - | - | Same-sex marriage | Yes | *The age of consent is under review. See Ages of consent in Africa Constitution explicitly protects against sexual orientation discrimination. Supreme Court ruled in favor of same-sex marriage. See Gay rights in South Africa |
Sudan | Yes | Death | 5 years | - | No | See Gay rights in Sudan |
Swaziland | Male only | Prison | Fine | - | No | |
Tanzania | Yes | Life | - | - | No | In Zanzibar male homosexual acts are punished with up to 25 years imprisonment or fine. Lesbian acts are punished with up 7 years imprisonment or fine. |
Togo | Yes | 3 years | Fine | - | No | |
Tunisia | Yes | 3 years | Fine | - | No | See Gay rights in Tunisia |
Uganda | Male only | Life (20 years) | Fine | - | No | |
Zambia | Male only | 14 years | Fine | - | No | |
Zimbabwe | Male only | 3 years | Fine | - | No | See Gay rights in Zimbabwe |
[edit] Asia
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
☆Afghanistan | Yes | 15 years | 5 years | - | No | Homosexuality is still a crime, but the death penalty (imposed under the Taliban) is no longer used. The Penal Code from 1976 in force, stipulates long imprisonment for adultery and pederasty. See Gay rights in Afghanistan. |
☆Bahrain | Male only | 10 years | Fine | - | No | See Gay rights in Bahrain |
Bangladesh | Yes | Life | 10 years | - | No | See Gay rights in Bangladesh |
Bhutan | Yes | ? | ? | - | No | See Gay rights in Bhutan |
Brunei | Yes | 10 years | Fine | - | No | See Gay rights in Brunei |
☆Cambodia | No | - | - | - | No | Former king Norodom Sihanouk has called for legalization of gay marriage. See Gay rights in Cambodia |
☆China (PRC) | No | - | - | - | No | Marriage laws under-review. see Gay rights in China |
Hong Kong | No | - | - | - | Considered | AD under consideration. Court ruling in 2005 equalised age of consent with that for heterosexual sex. See [3] and the judgment appeal by the Government in 2006 failed. See [4]. See Gay rights in China#Hong Kong. |
☆India | Yes | Life | Fine | - | No | Law remains on books but government does not prosecute, criminalizes 'carnal intercourse against the order of nature with any man, woman, or animal'. See Gay rights in India. |
Indonesia | No* | - | - | - | No | *According to the Penal Code, homosexual acts are legal. However, article 292 criminalizes homosexual acts with a person under the age of 18, with up to 5 years imprisonment; the age of consent for heterosexuality is lower. In 2002, the Aceh province was given the right to instate islamic sharia by laws by the national parliament. Such law does apply to muslims only, and for example the city of Palembang in South Sumatra has introduced jail time and hefty fines, for homosexual acts. See [5] also in 2003, a proposal to nationally criminalize homosexuality failed; See Gay rights in Indonesia. |
☆Iran | Yes | Death | Death (but many are imprisoned or pardoned "under the table") | - | No | Sex change operations have been given official government support as means to cure a gender identity disease. Law in Iran, in general, is not formally in order and is often abused by government officials. Executions for homosexuality continue, most recently teenagers Mahmoud Asgari and Ayaz Marhoni. See LGBT rights in Iran. |
☆Iraq | No. See [6] | - | - | - | No | Criminal code amended to include death penalty for homosexuality in 2001. The U.S. occupation restored the criminal code back to its original 1969 edition. No provisions of the current Iraqi criminal code deal with homosexuality. However, death squads are operating in the country killing gays. See Gay rights in Iraq. |
☆Israel and West Bank | No | - | - | Same sex marriage recognised in Israel. See [7] and unregistered cohabitation | Yes | Fairly strong support for giving legal recognition to same-sex couples. Only Middle Eastern nation to support gay rights legislation. The armed forces of Israel allow service without any distinction based on sexual orientation. See Gay rights in Israel. |
☆Japan | No | - | - | - | Yes | AD in Human Rights Act since 2001. See Gay rights in Japan. |
☆Jordan | No | - | - | - | No | While not a crime, reports have shown that gays can be victims of vigilante "honor killings." See Gay rights in Jordan. |
Kazhakstan | No | - | - | - | No | See Gay rights in Kazhakstan |
Kuwait | Yes | 7 years | Fine | - | No | See Gay rights in Kuwait |
Kyrgyzstan | No | - | - | - | No | See Gay rights in Kyrgyzstan |
Laos | No | - | - | - | No | See Penal Code.[8] |
☆Lebanon | Yes | 1 year | Fine | - | No | A small public campaign exists to legalize homosexual relations between consenting adults in private. See Gay rights in Lebanon. |
Macao | No | - | - | - | No | See Gay rights in Macao |
Malaysia | Yes | 20 years | Fine | - | No | Former Deputy Prime Minister Anwar Ibrahim, who was himself jailed for homosexuality, has called for their repeal. The daughter of former Prime Minister Mahathir Mohamad, Marina Mahathir, has called for an end to discrimination based on sexual orientation.[9] However, as Prime Minister, her father warned gay ministers in foreign countries not to visit his nation.[10] See Gay rights in Malaysia |
Maldives | Male only | 10 years | Fine | - | No | See Gay rights in The Maldives |
Mongolia | No | - | - | - | No | “Satisfaction of sexual desire in unnatural
manner” is modified as of the Penal Code of 2002, and cannot be used for consensual homosexuality in private anymore. See [11] and Gay rights in Mongolia. |
Myanmar | Yes | Life | 10 years | - | No | See Gay rights in Burma |
Nepal | Yes. See [12] | 1 year [13] | 5,000 rupees [14] | - | No | See Gay rights in Nepal |
North Korea | No | - | - | - | No | No public discussion or reference to homosexuality is allowed. Seen as a capitalist disease or vice. See Gay rights in North Korea. |
Oman | Yes | 3 years | Fine | - | No | See Gay rights in Oman |
Pakistan | Yes, See [15] | Life | 2 years | - | No | The law applies to both men and women; See Gay rights in Pakistan |
☆Palestinian Authority | Yes, (Gaza only) - Legal in West Bank. See [16] and [17] | 10 years (Gaza only) | ? | - | No | Homosexual acts illegal in Gaza by the Criminal Code Ordinance 1936 in force. While it is legal in the West Bank where the Jordan Penal Code of 1960 in in force, some are arrested or tortured. Gay Palestinians often attempt to flee to Israel as they are targeted for death in PA-controlled areas. See Gay Palestinian issues. |
☆Philippines | No | - | - | - | Considered | Communist Party facilitates same-sex marriage. Same-sex marriages banned since 2003. See Gay rights in the Philippines |
Qatar | Yes | 5 years | Fine | - | No | See Gay rights in Qatar |
☆Saudi Arabia | Yes | Death | Death | - | No | Jail time, fines or whipping may be used in lieu of the death penalty. See Gay rights in Saudi Arabia |
☆Singapore | Yes | Life | 2 years | - | No | Law is rarely enforced, usually when it suspects risk of HIV infections during events such as sex parties. [18] Government officials have made calls to embrace diversity [19]. Former Prime Minister Goh Chok Tong stated that open homosexuals can be employed in the civil workforce. See Discrimination against homosexuals in Singapore. |
☆South Korea | No | 1 year (military only) | - | - | No | No mention of homosexuality in Constitution or Civil Penal Code, although in practice widespread discrimination against homosexuals and censorship against gay websites is fairly common. Military Penal Code states up to a maximum of one year servitude or dishonorable discharge for homosexual acts performed while on active duty. See Gay rights in South Korea. |
Sri Lanka | Yes | 10 years | Fine | - | No | See Gay rights in Sri Lanka |
Syria | Yes | 3 years | Fine | - | No | See Gay rights in Syria |
☆Taiwan | No | - | - | - | No | Pending law allows same-sex marriage. See Gay rights in Taiwan. |
Tajikistan | No | - | - | - | No | See Gay rights in Tajikistan |
☆Thailand | No | - | - | - | No | Thailand now permits gays and transsexuals to serve in its military. [20]. See Gay rights in Thailand |
Turkmenistan | Male only | 2 years | Fine | - | No | See Gay rights in Turkmenistan |
☆United Arab Emirates | Yes | Death | Unknown | - | No | See Gay rights in the United Arab Emirates. |
Uzbekistan | Male only | 3 years | Fine | - | No | Only applies to anal sex; See [21] and Gay rights in Uzbekistan. |
Vietnam | No | - | - | - | No | Same-sex marriages banned since 1998. Reports suggest that this law may extend to a prohibition on same-sex couples living together or having any sort of public commitment celebration. |
Yemen | Yes | Death | Flogging | - | No | See Gay rights in Yemen |
[edit] Europe
[edit] North and Central America
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
Antigua and Barbuda | Yes | 15 years | - | - | No | British laws are not applied to A & B, and therefore the Sexual Offences Act 1995 criminalizing homosexual acts, is still possible to enforce.[29] |
☆Aruba | No | - | - | ? | Yes | The Dutch Government states that as part of the Kingdom of the Netherlands, Aruba is obliged to recognize civil unions and same-sex marriage as valid. However, the Aruban Government says it won't recognize them. A judge ruled in favor of the Dutch Government, case is now pending in higher court. |
Bahamas | No | - | - | - | No | "Public" homosexual sex is a 20 year jail sentence and the age of consent for homosexual sex is 18 - 16 for heterosexual sex. See [30] |
Barbados | Yes | Life | - | - | No | Laws currently under review - technically still illegal, but not enforced. [31]. |
Belize | Yes | 10 years | - | - | No | The "carnal intercourse" laws in the books are still in force[32] and also under section 26 ii (d) of the immigration act 1958, "Any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behaviour." is outlawed from incoming to Belize. See[33] |
Bermuda | No | - | - | - | Considered | The age of consent is 18 for male-male sex, 16 for others from 1994. See [34] |
☆Canada | No | - | - | Same-sex marriage | Yes | Anti-discriminatory laws provided by constitution and Egan v. Canada; in all provincial/territorial civil rights codes since Vriend v. Alberta. Common-law marriage since M. v. H., 1999; SSM since Civil Marriage Act, 2005. For more, see Gay rights in Canada. |
☆Cayman Islands | No | - | - | - | Yes | |
☆Costa Rica | No | - | - | - | Yes | Same-sex marriages banned. Scandalous sodomy is banned. |
☆Cuba | No | - | - | - | No | See Gay rights in Cuba. |
Dominica | Yes | 10 years | - | - | No | From 1995 to 2000, 35 persons were arrested for the crime of buggery. [35] |
Dominican Republic | No | - | - | - | No | |
El Salvador | No | - | - | - | No | |
Grenada | Male only | 10 years | - | - | No | See Gay rights in Grenada. |
☆Guadeloupe | No | - | - | Pacte civil de solidarité | Yes | Guadeloupe is a Département Français d'Outre-mer, so French Law is in force. See Gay rights in France. |
☆Guatemala | No | - | - | - | Yes | AD in Youth and Childhood Act since 1997 |
☆Haiti | No | - | - | - | No | |
Honduras | No | - | - | - | No | Same-sex marriages and adoption banned in the Constitution since 2005. |
☆Jamaica | Male only | 10 years | 10 years | - | No | See LGBT rights in Jamaica. |
☆Martinique | No | - | - | Pacte civil de solidarité. | Yes | Martinique is a Département Français d'Outre-mer, so French Law is in force. See Gay rights in France. |
☆Mexico | No | - | - | Yes, Mexico City only. | Yes* | *Mexican Congress reformed the Constitution in 2001, to forbid discrimination of any kind; in 2003, this change produced the Federal Law to Prevent Discrimination that forbids discrimination by sexual orientation. Civil unions (only for Mexico City). See [36] and [37]. |
☆Netherlands Antilles | No | - | - | Yes | Yes | As part of the Kingdom of the Netherlands, civil unions and same-sex marriage are recognized as valid, however, they cannot be performed in the Netherlands Antilles themselves. |
Nicaragua | Yes, See [38] | - | - | - | No | |
Panama | No | - | - | - | No | See Gay rights in Panama. |
☆Puerto Rico | No | - | - | - | No | From 2005, homosexuality is legal. See [39] also see Gay rights in Puerto Rico. |
Saint Kitts and Nevis | Male only | 10 years | - | - | No | |
Saint Lucia | Male only | 10 years | Fine | - | No | |
Saint Vincent and the Grenadines | Yes | 10 years | Unknown | - | No | Applies to both men and women |
Trinidad and Tobago | Yes | 25 years | Fine | - | No | Applies to both men and women |
☆Turks and Caicos Islands | No | - | - | - | No | See Gay rights in Turks and Caicos Islands. |
☆United States | No. See Lawrence v. Texas | - | - | Civil Unions: VT, CT, and NJ. Domestic partnerships: CA,ME, DC. Reciprocal benefits: HI. Same-sex marriage: MA. | In some states | Some states cover sexual orientation and gender identity, some only cover sexual orientation and some do not cover either. See National Gay and Lesbian Task Force Resource Library [40]. Also see Gay rights in the United States for further information. |
[edit] Oceania
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
American Samoa | No | - | - | - | No | [41] |
☆Australia | No* | - | - | registered partnership only in Tasmania and the Australian Capital Territory [42] | Yes | *In Queensland, the age of consent for anal sex 18 (16 for non-anal sex). See [43]; domestic partnerships in all. See [44]; Same-sex marriage banned under federal law [45] and a registered partnership exists in Tasmania and the Australian Capital Territory [46] giving most, but not all rights to same-sex couples. See Gay rights in Australia. |
Cook Islands | Male only | 14 years | Fine | - | No | |
☆Fiji | No, See [47] | - | - | - | Yes | Sodomy law ruled unconstitutional by Fiji High Court on August 26, 2005. Constitution explicitly protects against sexual orientation discrimination [48]. See Gay rights in Fiji. |
Guam | No | - | - | - | No | [49] |
Kiribati | Male only | 14 years | Fine | - | No | |
Marshall Islands | No | - | - | - | No | Sodomy was decriminalized by the new Criminal Code of 2004.[50] |
Micronesia | No | - | - | - | No | See Gay rights in Micronesia. |
Nauru | Male only* See [51] | 14 years hard labor [52] | 14 years hard labor [53] | - | No | *Legislation also indexed in written laws and of the criminal code of Queensland. See [54] |
New Caledonia | No | - | - | Considered. See Pacte civil de solidarité. | Considered | See Gay rights in France |
☆New Zealand | No | - | - | Civil unions | Yes | See Gay rights in New Zealand. |
Niue | Male only | 10 years | Fine | - | No | |
Palau | Male only | 10 years | Fine | - | No | - |
Papua New Guinea | Male only | 14 years | Fine | - | No | See Gay rights in Papua New Guinea. |
Solomon Islands | Yes | 14 years | Fine | - | No | |
Tahiti, French Polynesia | No | - | - | - | No | |
Tokelau | Male only | 10 years | Fine | - | No | |
Tonga | Male only | 10 years | Fine | - | No | |
Tuvalu | Male only | 14 years | Fine | - | No | |
Vanuatu, New Hebrides | No | - | - | - | No | AoC higher for homosexual sex at 18, lower for heterosexual sex. See [55]. |
Western Samoa, Samoa | Yes | 7 years | Fine | - | No | [56] |
[edit] South America
Country | Laws against homosexuality | Max. Penalty | Min. Penalty | Same-sex Unions | Laws against discrimination | Comments |
---|---|---|---|---|---|---|
☆Argentina | No | - | - | Civil unions in Buenos Aires City and Rio Negro Province. | Yes | There are no national anti-discriminatory laws, however, the cities of Buenos Aires and Rosario have specific laws protecting against gay discrimination. See Gay rights in Argentina. |
Bolivia | No | - | - | - | No | |
☆Brazil | No | - | - | Civil unions in Rio Grande do Sul. | Yes* | *Anti discriminatory laws in some cities and states. Other Brazilian areas do not have specific laws to protect LGBT people. See Gay rights in Brazil. |
☆Chile | No | - | - | - | No | See Gay rights in Chile. |
Colombia | No | - | - | Considered | Considered | See Gay rights in Colombia. |
☆Ecuador | No | - | - | - | Yes | Anti-discrimination laws have been in Ecuador's constitution since 1998. See Gay rights in Ecuador. |
Falkland Islands | No | - | - | Yes | Yes | See [57] |
☆French Guiana | No | - | - | Yes. See Pacte civil de solidarité. | Yes | French Law applies. See Gay rights in France. |
Guyana | Male only | Life | Life | - | Considered | See Gay rights in Guyana. |
Paraguay | No | - | - | - | No | See Gay rights in Paraguay. |
Peru | No | - | - | - | Yes | See Gay rights in Peru. |
☆Suriname | No | - | - | - | No | See Gay rights in Suriname |
Uruguay | No | - | - | Civil union law comes into force from 1 January 2006. See [58] | Yes | |
☆Venezuela | No | - | - | No | Yes | The 1999 Organic Labour Law provides protection forLGBT people. See Gay rights in Venezuela. |
[edit] See also
- Age of consent notes where there is a different threshold for homosexuals vs. heterosexuals to consent to sex.
- Buggery
- Civil rights movement
- Civil union
- Gay adoption
- Homophobia
- Religion and homosexuality
- Same-sex marriage
- Sexual Revolution
- Socialism and LGBT rights
- Sodomy law
[edit] External links
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- Antidiscrimination Legislation, April 1999, a worldwide summary IGLHRC (pdf)
- International Gay and Lesbian Human Rights Commission (IGLHRC)
- International Lesbian and Gay Association
- International Lesbian and Gay Association World Legal Survey (2000)
- Sodomy Laws Around the World
- State Homophobia, world map, ILGA (2004)
- New Internationalist sexual minorities map
- Where Having Sex is a Crime: Criminalization and Decriminalization of Homosexual Acts, IGLHRC (2003)
- Where You Can Marry: Global Summary of Registered Partnership, Domestic Partnership, and Marriage Laws, IGLHRC (November 2003)
- With the state in our bedrooms - A survey of the laws over the world prohibiting consenting adult homosexual acts (2006)
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