BSMH5013 HUMAN RESOURCE MANAGEMENT (LGBT)

TABLE OF CONTENT

INTRODUCTION 2–3

PERSPECTIVES

Religious Perspectives 3–5

Legal Perspectives 5–8

Social Perspectives 8 – 10

CONCLUSION 10

REFERENCES 11 – 12

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INTRODUCTION

LGBT is refers to lesbian, gay, bisexual, and transgender. The LGBT initiative aims to emphasize the
diversity of sexuality and culture based on gender identity and is sometimes used to refer to anyone who is non-
heterosexual or non-addictive rather than exclusively to lesbian, gay, bisexual, or transgender. The first term is
widely used is homosexuality. When lesbians make more public identities, the phrase lesbian and gay becomes
more common. They have been use lesbian and gay descriptors to determine sexual attraction. This was soon
followed by bisexuals and transgenders also sought recognition as legitimate categories in the larger community.

According to Lerner B.W., Lerner K.L., and Lerner A.W. ed. (2006), book of "Genders Issues and
Sexuality" have explained that LGBT or better known as "transgendered" and "transsexual" is individual or groups
that experience sex instability and sexuality complexity. Lesbian means when female or women is attracted with
each other as same as gay which means male or men is attracted with each other’s. However, for Bisexual is the
person was attracted with both man and woman. And the last one is transgender which means that the person
who are changing their gender to another. It because their gender identity is not match up with the gender feel
inside. This group also often had problem to socialize because society thinking stigma on those think that they
undergoing life inversely.

Report issued by Bailey & Benishay, (1993), homosexual symptom usually started is housed. Thus, it
usually happened to identical twin couple compared to twin not identical. The study also revealed that youngest
child is more inclined towards "transgendered" problem or "transsexual" compared to eldest child in family. Oxford
Learner’s Dictionary Fifth Edition, (1995), showed that transsexual is refer to a person who feels emotionally that
they want to live, dress as a member of the opposite sex, especially one who has a medical operation to change
their sexual organs.

In addition, the term of LGBT also described the group who are believed and applied the way of life by
loving the same gender such as men to men (gay) and women to women (lesbian). (Berman, 2008). Homosexuality
refers to sexual behaviour or attraction between people of the same sex, or to a sexual orientation. As a sexual
orientation, homosexuality refers to "having sexual and romantic attraction primarily or exclusively to members of
one‘s own sex"; "it also refers to an individual‘s sense of personal and social identity based on those attractions,
behaviours expressing them, and membership in a community of others who share them."
(http://en.wikipedia.org/wiki/Homosexuality)

Qishin Tariq, “Media Guidebook on LGBT Issues”, The Star Online, 9 July 2016, stated that the
transgender issue has long been a controversial issue in Malaysia, as a Muslim majority country. The issue became
increasingly open following the transgender rights activist Nisha Ayub received the International Women Courage
Award and high profile court case on the anti-transgender constitution.

LGBT people face great problems growing in communities where heterosexuality is often presented as
an acceptable orientation and homosexuals are considered deviant. The majority of LGBT people continue to hide

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their sexual orientation or prevent harassment for fear of losing their jobs. Particularly vulnerable are LGBT young
people who experience disruption of family relationships and friendships and disorders in schools will lead to some
cases of school drop-out, homeless, mental illness, and others. This discrimination not only denies LGBT people
to have equal social life such as employment, education, healthcare, and housing, but it also will marginalize them
in society.

PERSPECTIVES

a) Religious perspectives (moral and ethical aspects)

Homosexuality and LBGT was considered a mental disorder and listed as such in psychology journals,
until it was removed in 1973. This is where ethical dilemmas of homosexuality arise. The ethical dilemma ranges
from the above mentioned attitude that homosexuality is a sin and an abomination, to the attitude of others who
feel that those who hate and discriminate based on "how someone is born" is unethical. This brings us to the
question of homosexual marriage. One could argue that the primary purpose of sexuality is a deep and intimate
expression of love, leaving procreation as a secondary reason which is cannot attack homosexuality as unnatural
because the end result does not produce children as it can in heterosexual relationships. If this argument holds
true, then homosexual marriage and LBGT should be sanctioned.

The symptoms of LGBT are part of the social and epidemic issues hit the world. Sexual and gender issues
of concern, which refer to Lesbian, Gay, Bisexual, and Transgender (LGBT) is not a new issue Malaysia is one of
the nations whose peoples are of various ethnicity, colour, religion, language, culture and customs. It is the only
country of the most successful plural society in the new millennium in maintaining peace and unity. The plural
society has its own concept and history in Malaysia. This shows that the people in Malaysia have many religions
and beliefs such as Islam, Buddhism, Hinduism and others. We already know that the position of Islam as the
official religion is enshrined in the Federal Constitution Article 3(1). This situation implies that the position of Islam
as an official religion must be respected by its dilemma.

In 2012, authorities issued guidelines and held seminars aimed at helping teachers and parents spot
signs of homosexuality in children. According to the guidelines, signs of homosexuality in boys include preferences
for tight, V-neck shirts and large handbags, while girls with lesbian tendencies like to hang out and sleep in the
company of women. Relations between women and women and man with man are generally ignored. In urban
areas such as KL, gay men and women can be as out as they want. Just as long as they don’t cause trouble and
do not disturb the system. Malay Muslims in Malaysia are still generally very conservative. It is still a very
conservative community, despite of what people say. So to be gay and Muslim and a Malay requires a lot of tact.

Malaysia is no exception to the problem and the nation Muslim are generally identified as being involved
in this problem. From Islamic perspective, this can be proved in Al-Quran when has stated that the problem of
homosexuality that prevailed among the people of Lut a.s. It has mentioned in verses 80-84, Surah Al-Araf, which

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clearly describes how the people of Lut suffered from sexual disorder whereby they had the tendency for sexual
intercourse with partners of the same gender, example between man and man, and woman and woman. Same
gender sexual orientation or homosexuality is mentioned in the Hadith under the term “liwat” (sodomy) and “al-
sihaq” (lesbian). From the Quran verses, Allah describes the punishment that befell the people of Lut as the people
of Sodom and Amoro, districts in the state of Syria.

Scholars and proponents especially of Muslim LGBT should realize and repent for all the misconceptions
that the Prophet p.b.u.h. never stated any Hadith that forbid the LGBT sexual behaviour is misleading. In fact the
Prophet p.b.u.h. never compromised with such despicable acts that is totally cursed and proscribed by Allah SWT.
Furthermore, the description of the behaviour and the punishment that befell the people of Lut is stated in the
Quran as much as 18 times, including the story of Lut and his people, are also an indication on immoralities by the
people of Prophet Lut.In relation to prohibition of transgender sexual behavior, all the presented Hadith are thabit.
This is because the transgender group has long existed during the time of the Prophet p.b.u.h., and accordingly,
guidance on how to handle such group is already provided by the Prophet p.b.u.h.

Sodomy is still against the law in Malaysia, so that is quite clear cut. But the religious state laws, which
apply only to Muslims, varies from state to state and usually concern dressing up like a member of the opposite
sex, or holding events that have immoral things such as drag-like performances, sodomy is a sin in Islam, but
prosecution in this offence requires substantial personal evidence. It needs at least 4 witnesses to prosecute a
Muslim offender of fornication, adultery and sodomy.

The LGBT proponents must aware and understand that their deviant behaviour is totally unacceptable in
Islam. Fear for torment from Allah as what had happened to the people of Lut should be taken as serious reminder
and contemplation to stay away from LGBT behaviour altogether. All the Hadiths discussed on forbidding such
acts should be shared and disseminated to prevent the act of LGBT from becoming more widespread particularly
especially among Muslims.

Besides, in Hinduism and homogeneity, homosexual behavior is prohibited. The relationship between
unmarried men and women is forbidden. Hinduism prohibits marriage and the relationship between men and the
same sex as Hindu literature, Hyang Widhi creates men as father and woman as a mother through marriage
ceremony. There is absolutely no Hindu literature that allows sexual intercourse. Therefore, Hindus resist the same
kind of marriage. (Jafar M Sidik, “Hindu Melarang Hubungan Sesama Jenis”, Antaranews.com, 8 July 2015).

According to Made Suyasa, “Lesbian, Gay, Biseksual Dan Transgender (Lgbt) Menurut Pandangan
Agama Hindu”, Kanit TI dan PDPT STAHN-TP Palangkaraya, 29 April 2016, stated that in implementing
Swadharma diligently and responsibly as a duty that should be done well for personal or public purposes. People
who belonging to LGBT will be accused of being normal, bullied and not accepted by the community. LGBT people
who want to engage in gender-based marriages are against the Hindu religion. According to the Hindu view, human
beings are born to be fathers and to perform their duties, as well as women will be a mother. Furthermore, religious
ceremonies must be performed by her husband and wife as set forth in the Veda.

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Although other religions are free and practiced, their position is not equal to the religion of Islam. Due to
its glorification, priorities are given to Islam in planning made by the government. But what are more important to
be seen are freedom of religion and no coercion in religion and every human being should be familiar with each
other. Among other religions in Malaysia are Christians, Buddhists and other religions. The LGBT groups in
Malaysia are of various religions and beliefs as the society in Malaysia is composed of plural society. However,
LBGT in Malaysia already exists and when they move out blatantly as the society in Malaysia is highly criticized
and unacceptable. However, these groups continue to champion their rights and freedoms in their daily lives to be
recognized.

As a HR Director, we need to respect the policies of a country if the company intends to pursue a business
for longer. Lesbians, gay, bisexual and transgender in Malaysians are often seen as immoral and treated as
deviants and criminals. As homosexuality is a crime, Malaysia does not recognize same-sex unions or have
antidiscrimination laws for sexual orientation or gender identity. In Malaysia, homosexuality is considered illegal
and a sin that is punishable with long prison sentences of up to 20 years and caning (Hamidah, 2004). Actually,
homosexual activities have been around for a long time but not discussed in the open until it was highlighted by
the local press especially during the trial of the former Deputy Prime Minister, Anwar Ibrahim in September 1998.

A statement from Abdul Kadir Che Kob (2001), an officer from the Malaysian Islamic Affairs Department
describes homosexuals as shameless people and homosexuality is a sin worse than murder (Ramakrishnan,
2001). The lesbian, gay, bisexual and transgender people in the Malaysia choose not to disclose their sexuality at
work. They hide their private lives from colleagues and clients for fear of homophobia, exclusion or in case they
are overlooked for valuable promotions. Parent company has to respect all religious beliefs and also has to reduce
the risk of legal problems in Malaysia.

b) Legal perspectives

An International Bill of Human rights was introduced after Second World War which consist of Universal
Declaration and two important international agreement which cover political and civil rights and also economic,
social and cultural rights. This provide a basic information and guidance in observing the basic human rights. The
basic human rights was expended to address additional issues such as the elimination of all forms of racial
discrimination and discrimination against women. The prohibiting discrimination of sexual orientation is gaining
greater focus and create the potential of international human rights movement.

In May 2008, sodomy laws was taken out in many country such as the United States and Australia but it
still exist in 86 states which are members of United Nation. This situation give the implication to the movement of
human right globally and effect the recognition of certain principles of human rights such as privacy, personal
dignity, autonomy and equality. This group was claim the freedom with regard to Lesbian, Gay, Bisexual,
Transgender and Intersex (LGBTI) Orientation (Berman, 2008).

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There are three contexts give the clear picture into the evolution of human right movement globally. The
human rights movement in US and Australia are more advance compare to other country which is they have
freedom in enjoying the homosexuality because they believed that homosexuality is one of the aspect of the
fundamental human rights. Based on articles by Homosexuality is still outlawed by more than 85 countries in the
world and the punishment is death in several Muslim countries such as Afghanistan, Iran, Saudi Arabia, Sudan
and Yemen. (Ponmalar N Alagappar, 2009)

Malaysia is banning on sodomy as well as oral sex. It can be define as including both heterosexual and
homosexual acts, will be punished. A subsection of the criminal Code also provide additional punishment for men
who are involved gross indecency with another man. For Muslim, there are additional secular law and will be
charge in Islamic court.

In Malaysia homosexuality is illegal and can be punished for 20 years prison and canning. Homosexuality
also did not part of the human rights in Malaysia. The sodomy law is still exist in Malaysia. For example, Anwar
who is former Deputy Prime Minister of Malaysia who was arrested in sodomy case. Due to this charges, it was
destroyed his political world and aspiration. Homosexual is become threat to the Malaysia society and forcing
openly discussion in public (Berman, 2008).

Besides, Malaysia known as a Muslim country and homosexual is clearly wrong on Islamic perspective.
Lesbians, gay, bisexual and transgender (LGBT) in Malaysia is an immoral behaviour and will consider as criminal.
It is because Malaysia did not recognize same sex union and any related anti discriminate laws for sexual
orientation or gender identity.

According to Leach, A., ‘LGBTs are “deviant aspects” of Malaysia says Prime Minister’, Gay Star News,
27 June 2012, Datuk Seri Najib Tun Razak, in a statement discussed the importance of Islam by saying, “Any
deviant aspects such as liberalism, pluralism and lesbian, gay, bisexual and transgender will have no place in the
country.”

In addition, according to Kamal, S.M., ‘LGBT Community Will Never Have Equal Rights In Malaysia,
Tourism Minister Says’, The Malay Online, 11 September 2015, Datuk Seri Nazri Aziz reportedly said, “LGBT
people, I am sorry even though you think your human rights to lead your life but it is not allowed here as it is not
allowed in Islam. The Federal Constitution clearly states Islam as federal religion, so there is no way for LGBT to
be accorded the same rights even though they may argue that human rights should be everyone's rights.”

Malaysia also have several legal system such as federal civil and criminal court. Shariah court is the court
that discuss about religious and family issues. Legal perspectives of LGBT in Malaysia can be divided in to three
jurisdictions such as Malaysia Panel Code, Syariah (Islamic Law) and 1955 Minor Offense Act (Mak Nyah).

Several states in Malaysia have instated Islamic Shariah laws, applying to male and female Muslims,
criminalising male and male or female and female sexual acts with up to three years imprisonment and whipping.
Based on the Shariah Penal law in the Malaysian state of Pulau Pinang, confers penalties for sodomy (liwat) and

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lesbian relations (Musahaqat) with fines of RM5,000.00, three years imprisonment and 6 lashes of the whip. All
these penalties can be combined.

Malaysia Panel Code can explained that the laws that codifies most of criminals offences and procedures
in Malaysia. Penal Code is divided Twenty Three Chapter which is five hundreds and eleven section. LGBT is
cover in Section 377. The person who is charges for the criminal and prosecuted for homosexual act can be charge
under Malaysia Panel Code and Syariah Laws and also under 1955 Minor Offense Act.

Section 377 of the penal code in 42 former British colonies criminalizes anal sex between men and other
homosexual acts. The provision was introduced by British Colonial authorities in the British Raj as section 377 of
the Indian Penal Code, and was used as the model sodomy laws in many other British colonies, in many cases
with the same section number. The prohibition of homosexual acts in section 377 of the panel code in India,
Malaysia and Singapore.

Section 377 (A) carnal intercourse against the order and nature. It can be describe any person who have
sexual connection with another person inserting penis into anus or mouth of other person is said to commit carnal
intercourse against nature.

Section 377(B) punishment for committing carnal intercourse. It can be explain that punishment includes
imprisonment for period of term which may be extent to twenty years and be liable to whipping.

Section 377(C) commit carnal intercourse without consent. It can be explain that punishment to voluntary
commit carnal intercourse without consent, against the will, put the others in fears of death or hurts shall be punish
with imprisonment for a term not less five years, not more than twenty years and shall be liable to whipping.

Section 377(C)(A) sexual connection by object. This means that any person who has sexual connection
with another person by introducing any object into the vagina or anus of other person without the consent of other
person.

Section 377(D) outrages on decency. Any person who doing sex in public or private or any act of gross
decency with others and commit shall be punished with imprisonment for a term and may extend to two years.

Based on the acts “PAS Hudud law which is harsh punishment for sodomy, incest, bisexuality,
homosexuality and lesbianism” and “Article 3 of the Federal Constitution, Islam is the religion of the Federation
and the religion does not permit homosexuality which is a criminal offence under the Syariah Criminal Offences
(Federal Territories) Act 1997”, the LBGT are strictly cannot be apply in Malaysia.

Dr Shamrahayu in conference of “Homosexuality, A right or Crime? 2012 mentioned that Homosexuality

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10 and article 11 of the constitution by saying that certain rights cannot be allowed if they interfere with public
morality.

In conclusion based on legal perspective, the LGBT is not allowed to be applied in Malaysia especially in
the workplace. This is because Malaysia has various religions and Islam is federal religion. LGBT is totally
forbidden by Islam. In order to ensure harmonization in the country, especially in the workplace, LGBT is
inadmissible or acceptable in the workplace. In addition, this matter supported when expressed in the Malaysia
Panel Code, Section 337 and Shariah Panel Law also state the penalties for cases relating to LGBT.

c) Social perspectives

Social problems among employees are getting serious especially when LGBT phenomenon existence in
this country. According to Michelle, T., “Activists: Legalising Gay Marriages In Asia Won't Solve Malaysia's LGBT
Issues,” The Star Online, 29th July 2013, stated that Thailand and Vietnam may be the first Southeast Asian country
to justify the same sex marriage, but Malaysia is far from adopting the same attitude. Although Malaysia does not
have a receptive environment for LGBT, Syariah lawyer Nizam believes that the possibility of same-sex marriages
in the region, it’s does not mean the homosexual exist in this country.

This phenomenon spread among Malaysians was serious matters that need to be overcome by
government. Based on “Immigration to Bar Individuals Entering Malaysia to Attend Planned Gay Party,” The Star
Online, 22nd September 2017, Director General of Immigration Department, Datuk Seri Mustafar Ali said that in his
statement, the Immigration Department will deny the entry of individuals who are planning to attend the gay party
planned for 30 September 2017 in Kuala Lumpur. The Immigration Department will not compromise with any
parties attempting to introduce unhealthy and immoral practices that can threaten the peace, security and
sovereignty of the country.

Nowadays, we could not escape from this issue in managing an organization because of the increasingly
sophisticated technology. Factors which will encourage LGBT germination need to be studied so that this activity
can in barricade. The management especially human resource practitioner should weasel out this issue in
managing energy resource in the organization. This issue needs to give more attention because it does not suitable
with the Malaysia’s culture and society life style with "Eastern" concept.

LGBT causes because of many factors such as self-inducement, the influence of electronic media, the
wrong of sex education, and opportunity and space. Firstly, self-inducement will cause the LGBT. As we know,
young people are desire to try new things. They also have high curiosity. Furthermore, teenagers are still in the
process of growing up and getting to know new things. Besides, this problem starts since the childhood's learning.
For instance, a mother that very desire to have a daughter but instead have baby boy. From a young age, this boy
wears women's clothing, gives girls a game, long hair and is treated as a girl. This process will develop trust in

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himself that he that a man is a woman. When he adult, he will experience identity disorder and felt that himself is
are trapped inside a man's body.

Secondly, electronic media also affect this thing to happen. Modern technology and latest media such as
television, CD, video, audio system, computer, modem, camera video and mobile phone having big effect towards
society. Internet is one of sophisticated media which more and more people use it with his price that is increasingly
cheap and technological access facilities of products like computer, modem, camera video and mobile phone
mostly presently furnished with Internet access.

Thirdly, the wrong of sex education also the cause of this problem. Sex education factor that is wrong
need sentence structure that is accurate because worried any misunderstanding will become defamation source
to myself. Parent have to pass on sex upbringing that is correct to their children. Correct meaning here is a son
educated to tend and interest to woman and like that on the other hand towards daughter. At the same time,
children educated communications method that is correct so that does not occur something prohibited by religion.
Islam demands sexual relationship between women (heterosexual) and men and this relationship there is the
conditions. Inversion happen when children educated as if all relations between women and men is illegal.
Upbringing that go this limit which caused children grew with sexual tendency oppositional from their creation tithe.
Solution to this cause not only leaned to parent education process, but extensive to caretakers, teacher, lecturer,
speaker and society.

Fourthly, opportunity and space also one of the causes of LGBT. Lately too much chances and space for
young people to tipple into LGBT symptom. Shaped development materials that are rapid in capital especially in
big towns area with facility of hotels, shopping mall, night clubs (including night club to gay) by holding business
until early morning caused many existence of space and opportunity to youth group and youth trapped with drugs
filth, prostitution and including LGBT symptom.

Therefore, if we as people leave this symptom is continuous and rampant without action rightly, so not
impossible someday Malaysia will allow LGBT group. With this group's followers increasingly grow and their
possibility of politicians that is pro built up, so someday Malaysia will probably become like several states in United
States which approved marriage laws a type of and allow company practice diversity label, without discrimination
and human rights for the group intake to be working. However to preventing this group through law that is tight will
not solve the problem. Insulting and insult them continuously also will not reduce this group otherwise followed
with alternative effort rehabilitate those want to recover and return to track basis.

A specific non-governmental body to lead this group also should be constituted and given fund that is
sufficient. Perhaps also recovery concept like Loving House made to former drug addict can hold for the group.
There is no use we claimed a two who did symptom out natural but does not provide room and opportunity for
those who already trapped in this situation return to track basis. Snapping, insult and insult this group does not

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give any profit to society. It only avoid them from us and discommode recovery process. Finally this group
increasingly grow because we prevent them and not try to repair him.

According to Lee. L. T., “LGBT: Budaya Songsang Merosakkan Sistem Sosial Keluarga”, Utusan Online,
10 May 2012, Country's Social Policy need to be revised to determine as far as which the policy contribute in
creating society the progressive and able to last that based on value moral and to strengthen social capital The
review of the Social Policy also was necessary to revalue effort by government in creating stability, health and
harmony Malaysian society depend on moral basic strength to offset the rapid economic development with moral
values and social science.

CONCLUSION

Based on what we are mentioned at the beginning, LGBT is illegal in Malaysia. Malaysia which is an
Islamic country are not allowing the freedom of expressing or acting their desire gender against to their original
gender. Deleting morality from the Malaysia system for the sake of personal freedom is almost impossible (Aziz,
2005). Besides, based on the living culture and religious beliefs in Malaysia, LGBT is very inappropriate to applied.

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Berman, A. (2008). The experiences of denying constitutional protection to sodomy laws in the United
States, Australia and Malaysia: You've come a long way baby and you still have a long way to go! The Malaysian
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Kamal, S.M., ‘LGBT community will never have equal rights in Malaysia, tourism minister says’, The Malay
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Leach, A., ‘Minister says Malaysia constitution does not protect LGBT citizens’, Gay Star News, 20 June
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Michelle, T., “Activists: Legalising Gay Marriages In Asia Won't Solve Malaysia's LGBT Issues,” The Star
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“Immigration to Bar Individuals Entering Malaysia to Attend Planned Gay Party,” The Star Online, 22
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Asma' Al-Banjari , “LGBT: Keburukan dan Bahaya Dalam Masyarakat Hari Ini,” 3 August 2013. Retrieved
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Jafar M Sidik, “Hindu Melarang Hubungan Sesama Jenis”, Antaranews.com, 8 July 2015, Retrieved from
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Shamrahayu Abd Aziz, Morality and Ethics v Invasion of Privacy, The Malaysian Bar, 17 November 2005.
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