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Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also referred to as the Trafficking Protocol) was adopted by the United Nations in Palermo, Italy in 2000, and is an international legal agreement attached to the United Nations Convention against Transnational Organized Crime. The Trafficking Protocol is one of three Protocols adopted to supplement the Convention.[1]
The Protocol is the first global, legally binding instrument on trafficking in over half a century and the only one that sets out an agreed definition of trafficking in persons. The purpose of the Protocol is to facilitate convergence in national cooperation in investigating and prosecuting trafficking in persons. An additional objective of the Protocol is to protect and assist the victims of trafficking in persons with full respect for their human rights. The Trafficking Protocol defines human trafficking as:
(a) [...] the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
(d) “Child” shall mean any person under eighteen years of age.[2]
(c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;
The Trafficking Protocol entered into force on 25 December 2003. By June 2010, the Trafficking Protocol had been ratified by 117 countries and 137 parties.[3]
Trafficking is a lucrative industry. It has been identified as the fastest growing criminal industry in the world.[4] It is second only to drug trafficking as the most profitable illegal industry in the world.[5] In 2004, the total annual revenue for trafficking in persons were estimated to be between USD$5 billion and $9 billion.[6]
In 2005, Patrick Belser of ILO estimated a global annual profit of $31.6 billion.[7] In 2008, the United Nations estimated nearly 2.5 million people from 127 different countries are being trafficked into 137 countries around the world.[8]
However, it is argued that many of these statistics are grossly inflated to aid advocacy of anti-trafficking NGOs and the anti-trafficking policies of governments. Due to the definition of trafficking being a process (not a singly defined act) and the fact that it is a dynamic phenomenon with constantly shifting patterns relating to economic circumstances, much of the statistical evaluation is flawed.[9]
Human trafficking differs from people smuggling. In the latter, people voluntarily request or hire an individual, known as a smuggler, to covertly transport them from one location to another. This generally involves transportation from one country to another, where legal entry would be denied upon arrival at the international border. There may be no deception involved in the (illegal) agreement. After entry into the country and arrival at their ultimate destination, the smuggled person is usually free to find their own way.
While smuggling requires travel, trafficking does not. Much of the confusion rests with the term itself. The word "trafficking" includes the word "traffic," which means transportation or travel. However, while the words look and sound alike, they do not hold the same meaning.
Victims of human trafficking are not permitted to leave upon arrival at their destination. They are held against their will through acts of coercion and forced to work or provide services to the trafficker or others. The work or services may include anything from bonded or forced labor to commercialized sexual exploitation.[10][11] The arrangement may be structured as a work contract, but with no or low payment or on terms which are highly exploitative. Sometimes the arrangement is structured as debt bondage, with the victim not being permitted or able to pay off the debt.
Bonded labor, or debt bondage, is probably the least known form of labor trafficking today, and yet it is the most widely used method of enslaving people. Victims become bonded laborers when their labor is demanded as a means of repayment for a loan or service in which its terms and conditions have not been defined or in which the value of the victims’ services as reasonably assessed is not applied toward the liquidation of the debt. The value of their work is greater than the original sum of money "borrowed."[12]
Forced labor is a situation in which victims are forced to work against their own will, under the threat of violence or some other form of punishment, their freedom is restricted and a degree of ownership is exerted. Men are at risk of being trafficked for unskilled work, which globally generates $31bn according to the International Labor Organization.[13] Forms of forced labor can include domestic servitude; agricultural labor; sweatshop factory labor; janitorial, food service and other service industry labor; and begging.[12]
Sex trafficking victims are generally found in dire circumstances and easily targeted by traffickers. Individuals, circumstances, and situations vulnerable to traffickers include homeless individuals, runaway teens, displaced homemakers, refugees, and drug addicts. While it may seem like trafficked people are the most vulnerable and powerless minorities in a region, victims are consistently exploited from any ethnic and social background.[14]
Traffickers, also known as pimps or madams, exploit vulnerabilities and lack of opportunities, while offering promises of marriage, employment, education, and/or an overall better life. However, in the end, traffickers force the victims to become prostitutes or work in the sex industry[14] Various work in the sex industry includes prostitution, dancing in strip clubs, performing in pornographic films and pornography, and other forms of involuntary servitude.
Human trafficking does not require travel or transport from one location to another, but one form of sex trafficking involves international agents and brokers who arrange travel and job placements for women from one country. Women are lured to accompany traffickers based on promises of lucrative opportunities unachievable in their native country. However, once they reach their destination, the women discover that they have been deceived and learn the true nature of the work that they will be expected to do. Most have been told false information regarding the financial arrangements and conditions of their employment and find themselves in coercive or abusive situations from which escape is both difficult and dangerous.[15] According to a 2009 U.S. Department of Justice report, there were 1,229 suspected human trafficking incidents in the United States from January 2007- September 2008. Of these, 83 percent were sex trafficking cases, though only 9% of all cases could be confirmed as examples of human trafficking[16]
Child labour is a form of work that is likely to be hazardous to the physical, mental, spiritual, moral, or social development of children and can interfere with their education. The International Labor Organization estimates worldwide that there are 246 million exploited children aged between 5 and 17 involved in debt bondage, forced recruitment for armed conflict, prostitution, pornography, the illegal drug trade, the illegal arms trade, and other illicit activities around the world.
Trafficking in children
Trafficking of children is the recruitment, transportation, transfer, harboring, or receipt of children for the purpose of exploitation.
Trafficking and commercial sexual exploitation of children can take many forms and include forcing a child into prostitution[17][18] or other forms of sexual activity or child pornography. Child exploitation can also include forced labour or services, slavery or practices similar to slavery, servitude, the removal of organs, illicit international adoption, trafficking for early marriage, recruitment as child soldiers, for use in begging or as athletes (such as child camel jockeys or football players), or for recruitment for cults.[19]
It was reported in 2010 that Thailand and Brazil were considered to have the worst child sex trafficking records.[20]
Trafficking in children often involves exploitation of the parents' extreme poverty. Parents may sell children to traffickers in order to pay off debts or gain income, or they may be deceived concerning the prospects of training and a better life for their children. They may sell their children for labor, sex trafficking, or illegal adoptions.
The adoption process, legal and illegal, when abused can sometimes result in cases of trafficking of babies and pregnant women between the West and the developing world.[21] In David M. Smolin’s papers on child trafficking and adoption scandals between India and the United States,[22][23] he presents the systemic vulnerabilities in the inter-country adoption system that makes adoption scandals predictable.
Thousands of children from Asia, Europe, North America and South America are sold into the global sex trade every year. Often they are kidnapped or orphaned, and sometimes they are actually sold by their own families.[24] In the U.S. Department of Justice 07-08 study, more than 30 percent of the total number of trafficking cases for that year were children coerced into the sex industry.[16]
There is no universally accepted definition of trafficking for sexual exploitation. The term encompasses the organized movement of people, usually women, between countries and within countries for sex work with the use of physical coercion, deception and bondage through forced debt. However, the issue becomes contentious when the element of coercion is removed from the definition to incorporate facilitating the willing involvement in prostitution. For example, in the United Kingdom, The Sexual Offenses Act, 2003 incorporated trafficking for sexual exploitation but did not require those committing the offence to use coercion, deception or force, so that it also includes any person who enters the UK to carry out sex work with consent as having been trafficked.[25] In addition, any minor involved in a commercial sex act in the United States while under the age of 18 qualifies as a trafficking victim, even if no movement is involved, under the definition of Severe Forms of Trafficking in Persons, in the U.S. Trafficking Victims Protection Act of 2000.[26]
The international Save the Children organization stated: "... The issue, however, gets mired in controversy and confusion when prostitution too is considered as a violation of the basic human rights of both adult women and minors, and equal to sexual exploitation per se. ... trafficking and prostitution become conflated with each other. .... On account of the historical conflation of trafficking and prostitution both legally and in popular understanding, an overwhelming degree of effort and interventions of anti-trafficking groups are concentrated on trafficking into prostitution."[27] The line between forced and voluntary prostitution is very thin, and prostitution in and on itself is seen by many as an abusive practice and a form of violence against women. In Sweden, Norway and Iceland it is illegal to pay for sex (the client commits a crime, but not the prostitute).
Sexual trafficking includes coercing a migrant into a sexual act as a condition of allowing or arranging the migration. Sexual trafficking uses physical coercion, deception and bondage incurred through forced debt. Trafficked women and children, for instance, are often promised work in the domestic or service industry, but instead are usually taken to brothels where their passports and other identification papers are confiscated. They may be beaten or locked up and promised their freedom only after earning – through prostitution – their purchase price, as well as their travel and visa costs.[28][29]
The main motive of a woman (in some cases, an underage girl) to accept an offer from a trafficker is better financial opportunities for herself or her family. In many cases, traffickers initially offer ‘legitimate’ work or the promise of an opportunity to study. The main types of work offered are in the catering and hotel industry, in bars and clubs, modeling contracts, or au pair work. Traffickers sometimes use offers of marriage, threats, intimidation and kidnapping as means of obtaining victims. In the majority of cases, the women end up in prostitution. Also some (migrating) prostitutes become victims of human trafficking. Some women know they will be working as prostitutes, but they have an inaccurate view of the circumstances and the conditions of the work in their country of destination.[30][31]
Trafficking victims are also exposed to different psychological problems. They suffer social alienation in the host and home countries. Stigmatization, social exclusion, and intolerance make reintegration into local communities difficult. The governments offer little assistance and social services to trafficked victims upon their return. As the victims are also pushed into drug trafficking, many of them face criminal sanctions.
The Yogyakarta Principles, document on international human rights law on sexual orientation and gender identity also affirm that "States shall (c) establish legal, educational and social measures, service and programs to address factors that increase vulnerability to trafficking, sale and all forms of exploitation, including but not limited to sexual exploitation, on the grounds of actual or perceived sexual orientation or gender identity, including such factors as social exclusion, discrimination, rejection by families or cultural communities, lack of financial independence, homelessness, discriminatory social attitudes leading to low self-esteem, and lack of protection from discrimination in access to housing accommdation, employment and social services.[32]
The National Human Trafficking Resource Center (NHTRC) is a national, toll-free hotline, available to answer calls from anywhere in the United States, 24 hours a day, 7 days a week, every day of the year. It is operated by Polaris Project, a non-government organization working to combat human trafficking. Callers can report tips and receive information on human trafficking by calling the hotline at 1.888.3737.888.
The hotline provides data on where cases of suspected human trafficking are occurring within the United States. A national map of calls is updated daily to reflect the sources of calls to the hotline.
In 2000 the United Nations adopted the Convention against Transnational Organized Crime, also called the Palermo Convention, and two Palermo protocols there to:
All of these instruments contain elements of the current international law on trafficking in humans.
The UN Office on Drugs and Crime (UNODC) has assisted many non-governmental organizations in their fight against human trafficking. The 2006 armed conflict in Lebanon, which saw 300,000 domestic workers from Sri Lanka, Ethiopia and the Philippines jobless and targets of traffickers, led to an emergency information campaign with NGO Caritas Migrant to raise human-trafficking awareness. Additionally, an April 2006 report, Trafficking in Persons: Global Patterns, helped to identify 127 countries of origin, 98 transit countries and 137 destination countries for human trafficking. To date, it is the second most frequently downloaded UNODC report. Continuing into 2007, UNODC supported initiatives like the Community Vigilance project along the border between India and Nepal, as well as provided subsidy for NGO trafficking prevention campaigns in Bosnia, Croatia, and Herzegovina.[35] Public service announcements have also proved useful for organizations combating human trafficking. In addition to many other endeavors, UNODC works to broadcast these announcements on local television and radio stations across the world. By providing regular access to information regarding human-trafficking, individuals are educated how to protect themselves and their families from being exploited.
The United Nations Global Initiative to Fight Human Trafficking (UN.GIFT) was conceived to promote the global fight on human trafficking, on the basis of international agreements reached at the UN. UN.GIFT was launched in March 2007 by UNODC with a grant made on behalf of the United Arab Emirates. It is managed in cooperation with the International Labour Organization (ILO); the International Organization for Migration (IOM); the UN Children's Fund (UNICEF); the Office of the High Commissioner for Human Rights (OHCHR); and the Organization for Security and Co-operation in Europe (OSCE).
Within UN.GIFT, UNODC launched a research exercise to gather primary data on national responses to trafficking in persons worldwide. This exercise resulted in the publication of the Global Report on Trafficking in Persons in February 2009. The report gathers official information for 155 countries and territories in the areas of legal and institutional framework, criminal justice response and victim assistance services.[35] UN.GIFT works with all stakeholders — governments, business, academia, civil society and the media — to support each other's work, create new partnerships, and develop effective tools to fight human trafficking.
The Global Initiative is based on a simple principle: human trafficking is a crime of such magnitude and atrocity that it cannot be dealt with successfully by any government alone. This global problem requires a global, multi-stakeholder strategy that builds on national efforts throughout the world.
To pave the way for this strategy, stakeholders must coordinate efforts already underway, increase knowledge and awareness, provide technical assistance, promote effective rights-based responses, build capacity of state and non-state stakeholders, foster partnerships for joint action, and above all, ensure that everybody takes responsibility for this fight.
By encouraging and facilitating cooperation and coordination, UN.GIFT aims to create synergies among the anti-trafficking activities of UN agencies, international organizations and other stakeholders to develop the most efficient and cost-effective tools and good practices.
UN.GIFT aims to mobilize state and non-state actors to eradicate human trafficking by reducing both the vulnerability of potential victims and the demand for exploitation in all its forms, ensuring adequate protection and support to those who fall victim, and supporting the efficient prosecution of the criminals involved, while respecting the fundamental human rights of all persons.
In carrying out its mission, UN.GIFT will increase the knowledge and awareness on human trafficking, promote effective rights-based responses, build capacity of state and non-state actors, and foster partnerships for joint action against human trafficking.
For more information view the UN.GIFT Progress Report 2009.[36][37]
Further UNODC efforts to motivate action launched the Blue Heart Campaign Against Human Trafficking on March 6, 2009,[38] which Mexico launched its own national version of in April 2010.[39][40] The campaign encourages people to show solidarity with human trafficking victims by wearing the blue heart, similar to how wearing the red ribbon promotes transnational HIV/AIDS awareness.[41] On November 4, 2010, U.N. Secretary-General Ban Ki-moon launched the United Nations Voluntary Trust Fund for Victims of Trafficking in Persons to provide humanitarian, legal and financial aid to victims of human trafficking with the aim of increasing the number of those rescued and supported, and broadening the extent of assistance they receive.[42]
In Warsaw on 16 May 2005, the Council of Europe Convention on Action against Trafficking in Human Beings[43] was opened for accession and has since been signed by 43 member states of the Council of Europe. The Convention established a Group of Experts on Action against Trafficking in Human Beings (GRETA) which monitors the implementation of the Convention through country reports.
Complementary protection is ensured through the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote, 25 October 2007).
In addition, the European Court of Human Rights of the Council of Europe in Strasbourg has passed judgments concerning trafficking in human beings which violated obligations under the European Convention on Human Rights: Siliadin v. France, judgment of 26 July 2005, and Rantsev v. Cyprus and Russia, judgment of 7 January 2010.
In 2003 the OSCE established an anti-trafficking mechanism aimed at raising public awareness of the problem and building the political will within participating States to tackle it effectively.
The OSCE actions against human trafficking are coordinated by the Office of the Special Representative for Combating the Traffic of Human Beings. Since 2006 this office has been headed by Eva Biaudet, a former Member of Parliament and Minister of Health and Social Services in her native Finland.
The activities of the Office of the Special Representative range from training law enforcement agencies to tackle human trafficking to promoting policies aimed at rooting out corruption and organised crime. The Special Representative also visits countries and can, on their request, support the formation and implementation of their anti-trafficking policies. In other cases the Special Representative provides advice regarding implementation of the decisions on human trafficking, and assists governments, ministers and officials to achieve their stated goals of tackling human trafficking.
Actions taken to combat human trafficking vary from government to government.[44] Some have introduced legislation specifically aimed at making human trafficking illegal. Governments can also develop systems of co-operation between different nations' law enforcement agencies and with non-government organizations (NGOs). Many countries have come under criticism for inaction, or ineffective action. Criticisms include the failure of governments to properly identify and protect trafficking victims, immigration policies which potentially re-victimize trafficking victims, or insufficient action in helping prevent vulnerable people from becoming trafficking victims.
A particular criticism has been the reluctance of some countries to tackle trafficking for purposes other than sex.
Another action governments can take is raising awareness of this issue. This can take three forms. First, in raising awareness amongst potential victims, particularly in countries where human traffickers are active. Second, raising awareness amongst police, social welfare workers and immigration officers to equip them to deal appropriately with the problem. And finally, in countries where prostitution is legal or semi-legal, raising awareness amongst the clients of prostitution to watch for signs of human trafficking victims.
Raising awareness can take on different forms. One method is through the use of awareness films[45] or through posters.[46]
During the time racism was a major issue in the U.S., Congress feared White slavery. The result of this fear was the White Slave Traffic Act of 1910, which criminalized interracial marriage and banned single women from crossing state borders for morally wrong acts. In 1914, of the women arrested for crossing state borders under this act, 70% were charged with voluntary prostitution. Once the idea of a sex slave shifted from a White woman to an enslaved woman from countries in poverty, the U.S. began passing immigration acts to curtail aliens from entering the country among other reasons. Several acts such as the Temporary Quota Act of 1921 and Immigration Act of 1924 were passed to prevent emigrants from Europe and Asia from entering the United States. Following the banning of immigrants during the 1920s, human trafficking was not seen as a major issue until the 1990s. However, during 1949, the first international statute that dealt with sex slavery was the 1949 UN Convention for the Suppression of the Traffic in Persons and Exploitation of Prostitution of Others. This convention followed the abolitionist idea of sex trafficking as incompatible with the dignity and worth of the human person. Serving as a model for future legislation, the 1949 UN Convention was not ratified by every country.
Before America’s recent efforts to take on a major role in the anti-trafficking movement, the U.N. was the main regulator in solving the global issue of human trafficking. Under the Bush Administration, fighting sex slavery worldwide and domestically became a priority with an average of $100 million spent per year, which substantially outnumbers the amount spent by other countries. Before President Bush took office, Congress passed the Trafficking Victims Protection Act of 2000 (TVPA). The TVPA strengthened services to victims of violence, law enforcements ability to reduce violence against women and children, and education against human trafficking. Also specified in the TVPA was a mandate to collect funds for the treatment of sex trafficking victims that provided shelter, food, education, and financial grants. Internationally, the TVPA set standards that governments of other countries must follow in order to receive aid from the U.S. to fight human trafficking. Once George W. Bush took office in 2000, restricting sex trafficking became one of his primary humanitarian efforts. Attorney General under President Bush, John Ashcroft, heavily enforced the TVPA. Today the State Department publishes the annual Trafficking in Persons Report, which examines the progress that the U.S. and other countries have made in destroying human trafficking businesses, arresting the kingpins, and rescuing the victims.
The PROTECT Act of 2003, passed in April 2003, was a part of the government effort to further increase the punishment of child exploitation. The 18 U.S.C. § 1591, or the "Commercial Sex Act" makes it illegal to recruit, entice, obtain, provide, move or harbor a person or to benefit from such activities knowing that the person will be caused to engage in commercial sex acts where the person is under 18 or where force, fraud or coercion exists.[47][48]
The '3P Anti-trafficking Policy Index' measures the effectiveness of government policies to fight human trafficking based on an evaluation of policy requirements prescribed by the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (2000).
The policy level is evaluated using a five-point scale, where a score of five indicates the best policy practice, while score 1 is the worst. This scale is used to analyze the main three anti-trafficking policy areas: (i) prosecuting (criminalizing) traffickers, (ii) protecting victims, and (iii) preventing the crime of human trafficking. Each sub-index of prosecution, protection and prevention is aggregated to the overall index with an unweighted sum, with the overall index ranging from a score of 3 (worst) to 15 (best). It is available for up to 177 countries over the 2000-2009 period (on an annual basis).
The outcome of the Index shows that anti-trafficking policy has overall improved over the 2000-2009 period. Improvement is most prevalent in the prosecution and prevention areas worldwide. An exception is protection policy, which shows a modest deterioration in recent years.
In 2009 (the most recent year of the evaluation), seven countries demonstrate the highest possible performance in policies for all three dimensions (overall score 15). These countries are Germany, Australia, the Netherlands, Italy, Belgium, Sweden and the US. The second best performing group (overall score 14) consists of France, Norway, South Korea, Croatia, Canada, Austria, Slovenia and Nigeria. The worst performing country in 2009 was North Korea, receiving the lowest score in all dimensions (overall score 3), followed by Somalia. For more information view the Human Trafficking Research and Measurement website.[49]
Both the human trafficking discourse and the actions undertaken by the anti-human traffickers have been criticized by some scholars.[50][51] and journalists[52] The criticism touches upon three main themes: 1) statistics and data on human trafficking; 2) the concept itself; 3) the anti-trafficking measures.
Numerous NGOs and governmental agencies produce estimates and specific statistics on the numbers of potential and actual victims of trafficking.[53] According to the critics, these figures rarely have identifiable sources or transparent methodologies behind them and in most (if not all) instances, they are mere guesses.[54][55] Scholars argue that this is a result of the fact that it is impossible to produce any meaningful statistics on a reportedly illegal and covert phenomenon happening in the shadow economy.[50][56][57]
According to some scholars, the very concept of human trafficking is murky and misleading.[50] It has been argued that while human trafficking is commonly seen as a monolithic crime, in reality it is an act of illegal migration that involves various different actions: some of them may be criminal or abusive, but others often involve consent and are legal.[50] Laura Agustin argues that not everything that might seem abusive or coercive is considered as such by the migrant. For instance, she states that: ‘would-be travellers commonly seek help from intermediaries who sell information, services and documents. When travellers cannot afford to buy these outright, they go into debt’.[56] One scholar says that while these debts might indeed be on very harsh conditions, they are usually incurred on a voluntary basis.[50]
The critics of the current approaches to trafficking say that a lot of the violence and exploitation faced by illegal migrants derives precisely from the fact that their migration and their work are illegal and not primarily because of some evil trafficking networks.[58] Tara McCormack believes that the whole trafficking discourse can be actually detrimental to the interests of migrants as it denies them agency and as it depoliticizes debates on migration.[59]
Groups like Amnesty International have been critical of insufficient or ineffective government measures to tackle human trafficking. Criticism includes a lack of understanding of human trafficking issues, poor identification of victims and a lack of resources for the key pillars of anti-trafficking - identification, protection, prosecution and prevention. For example, Amnesty International has called the UK government’s new anti-trafficking measures as 'not fit for purpose'.[60]
Laura Agustin has suggested that in some cases 'anti-traffickers' ascribe victim status to immigrants who have made conscious and rational decisions to cross the borders knowing they will be selling sex and who do not consider themselves to be victims.[61] There have been instances in which the alleged victims of trafficking have actually refused to be rescued[62] or run away from the anti-trafficking shelters.[63]
The DNA Foundation was created by celebrity humanitarians Demi Moore and Ashton Kutcher in their efforts to fight human trafficking (specifically focusing on sex trafficking of children) in the U.S. In September 2010, the pair announced the launch of their “Real Men Don't Buy Girls” campaign to combat child sex trafficking alongside other Hollywood stars and technology companies like Microsoft, Twitter, and Facebook. "Real Men Don't Buy Girls" is based on the idea that high-profile men speaking out against child sex trafficking can help reduce the demand for young girls in the commercial sex trade. A press conference was held on September 23 at the Clinton Global Initiative.[64]
http://www.racinedominicans.org/humantrafficking.cfm
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