不可交易的人权

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  “What I want is not just survival, but life,” Solomon, who said in jail in the movie Twelve Years a Slave. But there are millions of people who are deprived of the right to live by human traders worldwide. They are sold like commodities and forced to do sex work and work as labors. They live a miserable life and are tortured both physically and mentally as modern slaves. Some of them are lucky to be saved, while others sadly die in tears and bloods … Human trafficking has been one of the most serious crimes today, and how to crack down on it has been an urgent task for the international society.
  “我想要的不仅仅是生存,而是生活。”在电影《为奴十二年》中,身陷囹圄的所罗门如是说道。然而在全世界,有上千万的人口被人贩子剥夺了生活的权利,他们被当做商品贩卖,被迫从事性工作和充当劳动力。他们生活凄惨,被当做现代奴隶受到身心的双重摧残。有的人幸运,被解救出来,有的则悲惨地死在血泪中……人口贩卖问题已经成为当今最为严重的犯罪行为之一,如何打击这一罪行是当今国际社会亟不可待的任务。
  On October, 22th, 2014, the coast guard in Bangladesh released a group of photos: a ship full of people heads for the coast and they are all victims of human trafficking and are sold to Bangladesh. In one of the pictures, there lie five bodies and other survivors sit around and talk, just likes nothing happened; another picture is about some victims that has been saved, and they get many scars and look at the distance woodenly …
  The human trafficking industry is very advanced in Thailand. According to the newest Human Trafficking Report of State Department, it is estimated that, there are thousands of victims of human trafficking in Thailand and most of them come from neighboring countries. They are threatened, pressed or cheated to do sex work, fishing, clothes making and housekeeping, and some of them are forced to beg in the streets. Some victims stay on the sea for many years and have to work continuously for 18 to 20 hours a day, being threatened and assaulted. In June, 2014, Thailand was listed at the lowest “third level” of global human trafficking center by America, and Malaysia, Venezuela and other 22 countries are also at this level.
  2014年10月22日,孟加拉海岸警卫队公布了一组照片:一艘挤满人的船驶向海岸,船上几乎全是被贩卖的受害者,他们将被贩卖至孟加拉。其中一张照片中横躺了五具被贩卖的人的遗体,其他幸存者则坐在尸体周围继续聊天,就像什么都没发生一样;另一张照片上则是几个被解救出来的受害者,他们伤痕累累,眼神木然地望向远方……
  泰国贩卖人口的产业十分发达,在美国国务院最新一期的《贩卖人口报告》中,据保守估计,泰国有成千上万名人口贩卖受害者,其中多数来自邻国。他们遭受恐吓、胁迫或欺骗,被迫从事性交易、捕鱼、服装制造和家政等工作,另有一些受害者则被迫沿街乞讨。其中一些受害者数年来一直被困在海上,每天不得不连续工作18至20小时,并遭受威胁和殴打。在今年6月,泰国已被美国在“全球人口贩卖中心”评级名单中降至最低的“第三级”,位列这一级别的还有马来西亚、委内瑞拉等22个国家。
  Modern slaves till today
  延续至今的现代奴隶
  The trans-Atlantic slave trade was abolished in the 19th century, but it doesn’t disappear afterwards in the world, but exists in various forms. The yell that for the equality and freedom for fellow black slaves by Martin Luther King 50 years ago is still echoing in some people’s hearts. Nowadays, maybe this kind of voice is not related to racial discrimination, but it is about the basic right for everyone -- freedom and equality.   According to the newest Global Human Trafficking Report by UN, the usually said “human trafficking” is easy to produce misunderstanding. Actually, this kind of crime should be called “enslavement”, since it not only emphasizes the transaction, but also highlights the evil behavior of illegally using human beings to do inhuman things. Economic crisis, unstable politics and more and more open boundaries provide a favorable condition for human traffickers. According to the UN materials, there are millions of people who are sold as modern slaves every year around the world, and most of them are sexually assaulted, forced into marriages or do hard works. It is estimated that there are over 18 million “modern slaves” and women and children are major vulnerable groups. A UN report said that, the most frequent form of human trafficking is sexual exploitation and covers 79%, and victims are mainly women; the second one is forced labors and covers 18%. Only 1% of slaves can be saved and millions of men, women and children are living an involuntarily life home or abroad.
  19世纪跨大西洋贩卖奴隶的行为被废止后,这一做法并未在全球消失,而是变换各种形式出现。五十年前马丁·路德·金为黑奴同胞平等和自由发出的呐喊,至今仍然会在一些人心中回响。在如今,或许这种呼声已不关乎种族歧视,但却关乎每个人都应享有的基本权利——自由与平等。
  联合国最新发布的《全球人口贩卖报告》称,通常人们所说的“人口贩卖”很容易让人产生误解,其实,这种犯罪行为被称作“奴役”更为恰当,因为这个术语不仅强调它交易的一面,也突出了非法利用人口从事各种非人性活动的罪恶行为。经济危机和政局不稳以及边界越来越开放为人口贩子提供了极好的环境。根据联合国的资料显示,世界各地每年有数以百万计的人被贩卖作现代奴隶,受害者大多受到性侵犯、逼婚、被迫做苦力等奴役。估计目前全世界仍有超过1800万人沦为“现代奴隶”,其中妇女和儿童往往是主要的受害群体。联合国的报告显示,最为常见的人口贩卖形式是性剥削,占到人口贩卖活动总数的79%,受害者大多为女性;第二类常见的人口贩卖形式是强迫劳动,占总数的18%,而只有大约1%的受害者能够获救,其他数以千万的男女、小孩在本国或者外国过着身不由己的生活。
  A 15-year-old girl named Lina recalled when being rescued that, a Khmer told her he can bring her to Pattaya to work as a salesperson. He said she could make 10,000 THB every month, but she needed to pay 2500 THB as trip expense and agency fee or take the fee out from her wages after working there. The young girl believed him and followed him to Pattaya. Who knows it was nothing but a trap. When Lina found she was abducted and traded, she already lost freedom and was kept in a basement without a window and began her enslaved life. The human trafficker forced her to entertain guests and beat her if she showed a little disobedience. They even threatened her by the safety of her family and friends, and compelled her to keep doing things she didn’t want to. In order to avoid her running away, they even tattooed her. Lina recalled painfully that, “I haven’t seen sunshine for one month and these people are like beasts.”   In addition to women and children, men are also the victims of "modern slavery", Thailand is still one of the busiest human trafficking centers. National Human Rights Commission reported that during July 17th to 19th, 2003, six search trawlers carried about 100 workers to fish in the waters of Indonesia. These workers are mostly immigrants, four of which are under the age of 16, and they cannot go home for three years. When the boats finally returned, 38 workers could not wait until that day, because they died of physical and mental torture in a foreign country, and their bodies were thrown into the sea randomly. Other survivors also got a variety of diseases when they went back home. Some had uncontrollable emotions and some lost vision and hearing, or even couldn’t walk. In 2010, FBI uncovered the largest human trafficking case in US history. 400 workers from Thailand were trafficked to the United States and forced to perform labor activity, and the working condition was extremely harsh.
  十五岁的泰国女孩儿莉娜在被解救出来后回忆道,曾经有个高棉人告诉她可以带她去芭提雅做售货员。高棉人说她每月可以赚到10,000泰铢,但是需要她先付2,500泰铢的路费和中介费,如果没有钱也可以先去工作再从工资里扣除。年轻的莉娜相信了,跟他上了去芭提雅的车。谁知这一去便一脚踏进了火坑。当莉娜发现自己被拐卖时,她已经失去了自由,被关在没有窗户的地下室,开始了被奴役的生活。人贩子逼迫她去接客,稍有不从就对她拳脚相加,甚至用她家人和朋友的生命安全威胁莉娜,逼迫莉娜继续做着自己不愿意做的事情。为了防止她逃跑,人贩子还为她纹了身。在被解救出来后莉娜痛苦地回忆:“我在一个月里见不到阳光,这些人就像畜生一样。”
  除了妇女和儿童,男人也一样是“现代奴隶”的受害者,泰国仍然是该地区最繁忙的贩卖人口中心之一。国家人权委员会报告称,2003年7月17至19日期间,6搜拖网渔船载着大约100个劳工到印度尼西亚的水域捕鱼。这些劳工大多是外来移民,其中还有4个不满16岁,他们在工作的三年中不能回家。当渔船终于可以返航时,38个劳工却无法等到回家的这一天,他们因不堪身心的双重折磨死在异国他乡,而他们的尸体就被随意扔进海里。其他幸存者回家后也陆续开始生各种疾病,有的情绪失控,有的丧失视力或者听力,甚至无法行走。在2010年,美国联邦调查局也破获了美国历史上一起最大的贩卖人口案件,400名来自泰国的劳工被贩卖至美国,强迫从事劳工活动,工作条件极其恶劣。
  The lure of money is the source of all evil
  金钱诱惑为万恶之源
  People are not commodities, how can be traded at will? But sadly, the criminal acts of human trafficking are still in rampant growth around the world. What is the reason for these criminals to take the risk to do human trafficking in a dehumanizing way time and again? Its source is precisely huge profits in it. Executive Director of the United Nations Office on Drugs and Crime Fedotov expressed his views at the international seminar of "Response to Combat Human Trafficking – Put victims in Mind", he believes that the repeated human trafficking has profound social and economic reason. Fedotov said: "There are two key reasons. First of all, for the criminals, it is an illegal and high-profit business. The amount of global human trafficking each year is about $ 32 billion. Secondly, the most likely victims of this crime want to have a chance to improve their lives, especially those who live in less developed countries, those who have just suffered conflicts or natural disasters, but in developed countries also exists this kind of crime. "   In past 20 years, sex slave trafficking has become an organized trans-boundary international crime. The International Labor Organization estimated that, the illegal profit from slave labor is $150 billion every year, and 2\3 of it comes from sex and entertainment industry and mostly from the exploitation on women and children. Since the profit is abundant in sex slave trade, human traffickers use kinds of ways to trap young girls. In order to win the trust of idle girls, they usually advertise on newspapers to hire female workers. They hire daughter of officer, wife of policeman or relative of priest to pretend to hire people and provide seemingly “munificent” wages and relatively easy jobs like babysitter, housekeeper and waiter. Under such temptations, many girls sign “working” contracts. As soon as those women leave their country, their certificates including passports are “kept” by human traffickers. When arrive, they are told they have been sold out and if they want freedom, they need to “pay back” by sex work. Others are directly drugged by human trafficker or forcibly abducted.
  人非商品,岂可随意买卖?但可悲的是,人口贩卖的罪恶行为仍然在世界各地猖獗地增长。是什么原因让这些犯罪分子铤而走险、丧失人性一次又一次地进行人口贩卖?其源头正是该活动所带来的丰厚利润。联合国毒品和犯罪问题办公室执行主任费多托夫曾在“响应打击人口贩卖——将受害者放在心上”的国际研讨会上发表看法,他认为,贩卖人口现象屡禁不止,有其深刻的社会经济原因。费多托夫说:“有两个关键的原因。首先,对于犯罪分子来说,贩卖人口是违法但高利润的一种生意。每年全球贩卖人口总值达到了大约320亿美元。第二,这种犯罪行为的最可能的受害者,是那些希望有机会改善自己的生活,特别是那些在欠发达国家,那些刚刚遭受了冲突、自然灾害的国家的人们更是这样,但是发达国家也存在这种犯罪行为。”
  在过去20年里,性奴隶贩卖已变成组织严密的跨国运作的国际犯罪。国际劳工组织预计,奴役劳动所产生的非法利润高达每年1500亿美元,其中三分之二来自于性和娱乐产业的剥削,且大多数情况下来自于对妇女和儿童的盘剥。由于性奴隶买卖获利最丰,因此人贩子会使出各种手段诱骗年轻的少女。为赢得无所事事的年轻姑娘的信任,人贩子通常在报刊上登广告招聘女工,并且在当地雇用官员的女儿、警察的妻子或神父的亲戚假装来雇人,为她们提供看似“优厚”的薪金,以及相对轻松的保姆、管家、服务员等工作。在这样的诱惑下,很多女性纷纷签订“工作”合同。而当这些妇女一旦离开祖国后,包括护照在内的所有证件便由人贩子“保管”。一抵达目的地,她们就被告知:你们已被售出,要想获得自由,就得卖身还“债”。还有的则直接被人贩子下迷药或者强行拐卖。
  Human trafficking is a business with little cost and high profit. The initial investment is only several hundred dollars for buying a suit of new garments for the victim and a flight ticket. Once the business is successful, they can sell the victim out in a high price. If they sell in larger cities what they have brought, the females could bring multiple profits to the human traffickers. The income they get from forcing the females to prostitute is also very surprising. Doctor Irene Fernandez, Director of the organization “Tenaganita” estimated the income of the victims of Southeast Asian. She introduced that if a female victim have eight customers every day and each customer pay about 40 dollars, then a victim can earn 320 dollars for traffickers every day. If the traffickers have 10 women who are forced to prostitute, they can earn 3200 dollars every day. The money of astronomical figure goes into the pocket of the traffickers, and the victims can only have one meal a day and endless torture.   International Labor Organization elaborated that slave labor does not have geographical boundaries, it exists in both developing and developed countries, bringing high profit for unscrupulous employers of industries such as agriculture, construction, manufacturing, mining and housekeeping. Because of the temptation of low cost and high profits, the concealment of human trafficking, and the fact that in some areas the judicial officers and government officials act as protection for traffickers, which is worse, human trafficking occurs repeatedly, being increasingly rampant. The victims usually have no ability to fight back, they cannot get in touch with the outside world and in order to survive, they have no choice but to do what they are told to.
  人口贩卖一本万利,最初投入只是几百美元,为受害者买上一身新衣服和一张机票即可,等一转手,她们就能以不菲的价格卖出去。若去更大的城市再次转手,这些女性还可以多次帮助人贩子获利。她们被迫卖淫所创造的收入也是相当惊人的。“妇女力量”组织的主任艾琳·费南德斯博士估算东南亚受害者的收入情况,她介绍,按照一个女受害者每天要接待八名顾客来算,每个顾客支付约40美元,那么每天一个受害者可以帮人贩子赚到320美元,如果人贩子手下有10名被迫接客的妇女,每天则可以赚到3200美元。这些天文数字几乎都装进了贩卖集团的口袋,而那些受害者获得的只是一天一顿饭以及无尽的折磨。
  国际劳工组织称,奴役劳动并无地理国界,发展中国家和发达国家都有,并给农业、建筑业、制造业、采矿业、家政等行业内的无良雇主带来高额利润。正是因为这些低成本高利润的诱惑,加上人口贩卖活动的隐蔽性,更为严重的地区甚至还有一些司法人员和政府官员为人贩子撑起保护伞,使得人口贩卖活动屡屡发生,甚至愈加猖獗。而受害者通常无还击之力,他们无法与外界取得联系,为了生存,只能听受摆布。
  To break the chains of humanity
  打破禁锢人性的枷锁
  After years of indifference and neglect, the world is slowly realizing that slavery of modern forms does exist. The media and the public have gradually realized that for money, human can encroach on their own kind. Human trafficking has become an important means for traffickers and criminal groups to make profit. Mira Sorvino, the Goodwill Ambassador of United Nations of Anti trafficking and actress said: "Only trades of drugs can make higher profit than this kind of modern slave trade (human trafficking). Transnational criminal groups are turning people into commodities." Human trafficking not only infringes the rights, psychological and physical health of woman and children, but also accelerates the spread of AIDS, hepatitis C and other infectious diseases, and no one country can eliminate such crime yet.
  The transnational trait of trafficking requires that all the countries join up and give an end to such brutal violations of human rights and dignity. The International Society have also taken different measures to combat cross-border human trafficking has also taken various means to combat. The legislation departments of every country are controlling such behavior with regulations of appropriate intensity. Justice departments are performing the duty of fighting against slavery through more prosecutions and convictions. Non-governmental organizations are also mobilizing kind-hearted people to gather resources to help the victims. Costa, Former Executive Director of The United Nations Office on Drugs and Crime once called on governments, non-governmental organizations and the public to fight against the phenomenon of human trafficking together: "What we can do is to protect vulnerable groups and put in more efforts to combat human trafficking and reduce the demand of the product and service of modern slaves."   多年的漠不关心和忽视之后,世界正在慢慢认识到现代形式的奴役制度确实存在。公众和媒体逐渐意识到,为了金钱,人类会不惜蚕食人类。人口拐卖已成为人口贩子和犯罪集团盈利的一项重要手段,联合国反人口贩卖亲善大使、演员米拉·索尔维诺说:“只有毒品贸易比这种现代奴隶贸易获利更多。跨国犯罪集团正将人变成商品。”人口贩卖不仅严重侵害了妇女、儿童的权益和身心健康,还加速了艾滋病、丙型肝炎和其他传染病的扩散,现在还没有哪一个国家能够消除这一罪行。
  人口贩卖的跨国性质要求所有国家联合起来,结束这种粗暴践踏人权和尊严的行为。国际社会对跨境人口贩卖也采取了各种手段进行打击。各国立法部门正通过力度适当的法规来控制这种行为。司法部门正在通过更多起诉和定罪,履行反对奴役制度的职责。民间组织也正在动员好心人,调动财力物力帮助受害人。前联合国毒品与犯罪问题办公室执行主任科斯塔曾呼吁各政府、民间组织及公众共同与人口贩卖现象作斗争:“我们能做的是保护弱势受害群体,加大对人口贩卖的打击力度以及减少对现代奴隶所生产商品和提供服务的需求。”
  The United Nation has set special treaties to forbid cross-border human trafficking and combat cross-border human trafficking as an international crime. For example, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (come into effect on December 25, 2003) gave an unified definition of human trafficking for the first time and it’s goal was to prevent human trafficking, protect victims and punish traffickers. The supplementing protocol is a global convention specifically for transnational trafficking of women and children. It established international cooperation, to prevent and combat human trafficking of women and children effectively and provided the legal foundation for countries to carry out cooperation in combating transnational human trafficking of women and children. The protocol stipulates that contracting countries should take necessary legislative measures and other measures to define transnational human trafficking of women and children as a criminal offence. The convention requires that all the countries that are willing to comply with the convention should take measures of coordinating to combat these organized crimes, simplify the extradition procedure and expand the scope of extradition.
  In addition to setting laws, more help and care should be given to victims, for instance, social should not view those victims who were once forced to have sex trades with prejudice, since that accepting them is actually of equal importance as punishing human traffickers. The Person-in-Charge of United Nations Voluntary Trust Fund for Victims of Human Trafficking thought, there were two important jobs in the problem of how to help the victims: "First of all, to help the victims to turn to laws for help. For example, if they want to get compensation, support them, and let them be powerful in the procedure of the trial. Secondly, to conduct cross-border cooperation. For example, many victims want to return home after they are rescued. It is vital to ensure that they can have reunion (with their families) safely and effectively reunited, which can bring long-lasting living."   "Every day, young girls are being traded with." This is the first sentence of the trailer of Trafficking. When we are enjoy the good time with our family, perhaps in another part of the world human trafficking is happening. The high crime rate of human trafficking high is worth the the alert of people, because it is not only a deplorable and terrible “story of others", but something that can occur beside every person. The victim can be your daughter, your wife, your friend or even yourself. Under the protection of laws of international organizations and national governments, citizens also need to improve their awareness of self-protection and not to believe the "wonderful blueprint" of strangers easily. Only by everyone having actions and helping combat such crimes, could the terrible incidents be reduced.
  联合国制定了专门条约,禁止跨境人口贩卖,把跨境人口贩卖作为国际犯罪打击,如《(联合国打击跨国有组织犯罪公约)预防禁止和惩治人口贩卖特别是妇女和儿童行为的补充议定书》(2003年12月25日生效)第一次在全球范围内统一了人口贩卖犯罪的定义,目标是预防人口贩卖,保护受害者,惩治人贩子。该补充议定书是专门针对跨国贩卖妇女、儿童犯罪的全球性公约。它确立了通过促进国际合作,更加有效地预防和打击跨国贩运妇女、儿童的国际犯罪,为各国开展打击跨国贩卖妇女、儿童的合作提供了法律基础。议定书规定缔约国应采取必要的立法和其他措施,将跨国贩卖妇女、儿童定为刑事犯罪。公约要求所有愿意遵守该公约的国家在法律上采取协调措施,以打击这些有组织的犯罪,并且简化引渡程序、扩大引渡范围。
  除了法律的制定,还要给予受害者更多的帮助和关怀,例如社会不应该带着有色眼镜去看待那些曾经被迫从事性交易的受害者,重新接纳他们其实与惩罚人贩子同等重要。联合国帮助人口贩卖受害者自愿信托基金负责人认为,在如何帮助受害者的问题上有两项重要的工作:“第一是帮助受害者得到法律帮助。比如说帮助他们得到赔偿,向他们提供支持,让他们在审案程序中是有力量的。第二是跨国界合作。比如说,很多受害者在获救后就想回家。至关重要的是要保证他们能够安全、有效地(与家人)重新团聚,这才会带来可持续的生活。”
  “每一天,年轻的女孩子们都在被买卖着。”这是电影《人口贩卖》预告片中的第一句话。就在我们享受着和家人美好的团聚时光时,或许在世界的另一个地方,人口交易正在发生。人口贩卖的高犯罪率值得人们警醒,它并不仅仅是让人叹息、让人恐惧的“别人的故事”,它很可能发生在每个人的身边,受害者也许是你的女儿、你的妻子、你的朋友、甚至你自己。在国际组织和各国政府的法律保护下,公民还需提高自我保护意识,不要轻信陌生人描绘的“美好蓝图”,只有每个人都行动起来,帮助打击这种犯罪行为,骇人听闻的事件才能减少发生。
  Links:
  链接:
  The anti-trafficking suggestions
  1. To establish bilateral relations:
  To establish bilateral relations with countries that are not members of The Coordinated Mekong Ministerial Initiative Against Trafficking (COMMIT Process), to protect the rights of the victims of human trafficking better, provide more effective services and ensure that the rights of children of different genders are protected.
  2 To promote participation:
  To promote the participation of victims of human trafficking in the setting of national and regional policies, so as to strengthen the effective protection of them.
  3. To construct an information platform:
  To construct safe platform that can be used to share information of relevant laws, travel, immigration documents, message, and chances of neighboring countries.   4. To develop the plan of actions:
  To develop a national action plan against human trafficking and ensure the fund source for ensuring implementation of these programs.
  5. To approve treaties:
  To approve all relevant international treaties of human trafficking.
  6. To set and perfect the law:
  To set and perfect laws and relevant laws of human trafficking, such as laws of international adoption (to prevent human trafficking of children through adoption) and minors (to protect all children, including minors who have violated the law).
  7. To strengthen the implementation of the anti-trafficking laws:
  To make guidance books of working for law-enforcement personnel, help them to tell victims of human trafficking from victims of human smuggling and teach them how to treat and help victims.
  8. To set guidelines for the country to protect victims:
  The opinions of children, other vulnerable groups and civil societies should be sought when people are setting guidelines.
  9. To ensure education:
  To ensure that all children, including those affected by population flowing can receive education.
  10. To protect children:
  To protect all the children who are born and registered domestic, and ensure their access to enough education and medical health service.
  联合国十大反拐建议:
  1.建立双边关系:
  与目前还不是区域合作反拐进程(简称:COMMIT进程)成员的国家建立双边关系,以便更好地保护拐卖受害人的权利,提供更有效的服务,确保不同性别及儿童的权益受到保障。
  2.促进参与:
  推动拐卖受害人参与国家和区域政策的制定,从而加强对他们的有效保护。
  3.构建信息平台:
  构建一个可以共享的相关法律、旅行、移民文件、信息,以及邻国就业机会信息的安全平台。
  4.制定行动计划:
  制定国家反对拐卖人口行动计划,确保实施这些计划的资金来源。
  5.批准条约:
  批准所有与拐卖人口有关的国际条约。
  6.制定和完善法律:
  制定和完善拐卖人口和其他相关法律,如国际收养(防止通过收养途径来拐卖儿童)和与未成年人有关的法律(保护所有儿童,包括触犯法律的未成年人)。
  7.加强实施反拐法:
  为执法人员制定相关反拐工作指导手册,帮助他们分辨拐卖受害人和偷渡受害人,如何对待、帮助受害人等。
  8.制定国家保护受害人指导原则:
  在制定指导原则时应征求儿童、其他脆弱群体和民间社会的意见。
  9.确保教育:
  确保所有儿童,包括那些受流动影响的儿童都可以接受教育。
  10.保护儿童:
  保护所有在国内出生的儿童,进行出生登记,确保他们获得足够的教育和医疗保健服务。
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