Right Steps & Poui Trees


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Poui Blossoms: Weekly Photo Challenge – Evanescent

“This challenge is wide open. Evanescent can be any fleeting moment in time.

ev·a·nes·cent [evəˈnes(ə)nt]
adjective

  1. Soon passing out of sight, memory, or existence; quickly fading or disappearing.”

If I could choose a personal totem, it would be the yellow poui tree. Have I said this before? When it isn’t in bloom, it isn’t a particularly noticeable tree. But in poui season, for a few days, the tree erupts into a mass of bright yellow blossoms!poui tree 2Blossoms…like sunlight captured by the tree!P1120028Then they fall…and are gone….Poui blossoms on ground

Quickly fading or disappearing. But magnificent for the short time they are here!

Weekly Photo Challenge – Evanescent


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Nearly A Year Later: Time for Western Kingston Commission of Enquiry Recommendations Update

Next week will be seven years since the Jamaica Defence Force (JDF) and the Jamaica Constabulary Force (JCF) joint operation in Western Kingston which resulted in the death of more than 70 people. Next month will be a year since the report of the Western Kingston Commission of Enquiry was tabled in Parliament and made public. It is certainly time for the country to get a full update on the status of the recommendations made in the report.

COE report cover blog pic

This is one of the problems with the Commission of Enquiry process. An Enquiry takes place and at the end of the process, strong and pertinent recommendations are sometimes made. At that point, another process starts or should start, but there is no formal requirement ensuring that next phase. There should be a system whereby the government is required to outline publicly which of the recommendations it has accepted, what steps it intends to take towards implementation and the timelines associated with that implementation. There should also be a formal process whereby the government is required to give periodic official public updates on the progress of that implementation, perhaps through scheduled reports to Parliament. This is not a new problem and contributes in part to the widely held belief that Commissions of Enquiry are a waste of time and money, as nothing ever comes of them.

Delroy Chuck MOJThe Minister of Justice, Delroy Chuck has attempted to move in that direction, having given some updates from time to time in Parliament and otherwise, updates about the setting up of a Cabinet Committee, the selection of the Chair of the Compensation Committee and the start of the Committee’s work, and the intention of the Government to apologise, for example. There have been statements by the JDF and the JCF indicating that they were working on some of the recommendations that applied to them. But this is an ad hoc process, and though things may well have progressed beyond what the public is aware of, there has been no formal, predictable structure for any updates.

In his Budget Debate presentation in Parliament on March 21, 2017, Prime Minister Andrew Holness committed to apologising to victims of the Tivoli operation when he said:

The wrongs of the past must be acknowledged and an apology offered to the victims of state-inflicted violence as recommended by constituted review bodies. On behalf of the Jamaican State and in my capacity as Prime Minister I will make the apology in Parliament to victims of the Tivoli Incursion and the Coral Gardens Incident.

PM Holness 2017 Budget DebateThe Prime Minister has made the apology for Coral Gardens, but hasn’t yet apologised for the abuses during the operation in Western Kingston and no date has been given for when he will. He made no other specific reference to the Commission’s recommendations during his presentation. Additionally, neither Minister Chuck nor Minister of National Security Robert Montague made specific reference to the Commission’s recommendations during their recent Sectoral Debate presentations or used the occasion to give a specific update on progress with implementation of the recommendations.  Also, I am not aware of any comprehensive public updates from the JDF and JCF after their initial responses to the Commission’s report.

I may well have missed some updates that have been given in Parliament or elsewhere, and I am sure that I could find additional information if I made Access to Information requests to various government ministries and bodies. I could also probably find additional information by searching the Hansard record for relevant dates. But the information ought to be more easily accessible and we should have some prescribed timelines for updates. I would like to suggest that sometime in June, twelve months after the Commission’s report was tabled in Parliament, would be a good time for a comprehensive update on what progress has been made on each of the Commission’s recommendations. The update should clearly state whether any progress has been made, the nature of that progress and what remains to be done, including relevant timelines. Instances in which no further action is planned should also be clearly stated. And as these updates are being contemplated and given, it is important to acknowledge again that this isn’t simply a paper exercise. It is about real people who were directly or indirectly impacted by the events, about a government giving account to its people, about preventing such occurrences happening again and about a process of justice and healing.

Recommendations of the Western Kingston Commission of Enquiry

Below I will set out briefly the recommendations made in Chapter 15 of the Report, for which progress updates need to be given.

UPDATE NEEDED REGARDING STATUS OF IMPLENTATION OF RECOMMENDATIONS INCLUDED IN REPORT OF WESTERN KINGSTON COMMISSION OF ENQUIRY CONCLUDED IN 2016
SECTION OF CHAPTER 15 RECOMMENDATIONS COMMENTS
INTRODUCTION 15.1 The Commission indicates that in other Chapters in the report they “have recommended that further investigations be carried out as a matter of justice and with a view to preventing a recurrence of similar events.” The bodies responsible for the further investigations, such as the JCF and INDECOM, should give an update on the status of such investigations.
PART 1-REDRESS

1. APOLOGY

 

15.7 “…we recommend that the GoJ apologize in Parliament to the people of West Kingston and Jamaica as a whole for the excesses of the security forces during the operation. The Government is, in the last resort, responsible for the conduct of its security forces.” The Prime Minister has indicated in Parliament that he will make this apology. He should indicate the date on which he will apologise and carry this out.
2. COUNSELLING FOR TRAUMATISED PERSONS

 

 

15.8 “…we are satisfied that there needs to be a programme of continuing counselling for some of the residents including children.”

 

15.9 “We therefore recommend that this matter be pursued by the appropriate Ministry.”

The Government should indicate which Ministry is responsible for implementing this recommendation, what programme is in place and what counselling has been and will be provided.
3. COMPENSATION FOR VICTIMS 15.12 “…we recommend the establishment of a Compensation Committee with two broad mandates…”

15.13 “We respectfully further recommend that the Compensation Committee be chaired by a retired judge or senior attorney-atlaw…and the Committee should be directed to complete its work within 9 months.”

The Chair of the Compensation Committee could give an indication of the progress of the Committee in its work and should indicate whether it will complete its work within the recommended 9-month period.
4. WAIVER OF LIMITATION PERIOD 15.14 The Commission refers to the legal restrictions regarding the timeframe in which claims against the State can be brought, 3 years in some instances and 6 years in others.

 

15.15 “We therefore recommend that the State waive its strict legal rights to all claims and agree to settle compensation on an ex gratia basis in respect of claims brought by aggrieved persons, personal representatives and/or near relations and/or dependents of deceased persons.”

The Government needs to confirm its position regarding the recommended waiver.

 

The Office of the Public Defender should give an update regarding its participation as referenced in 15.15

PART 2 -PREVENTION

 

15.16 The Commission gives a non-exhaustive list of measures that would prevent similar events in the future.
1. ADMINISTRATIVE REVIEWS 15.17 “Consistent with our findings with regard to the conduct of certain officers and other ranks of the JCF and JDF, we recommend that both forces undertake administrative reviews of the conduct of the named officers….We note that since May 2010, some of these officers have been promoted – in some cases to very senior ranks.”

 

15.18 “We recommend that the serving police officers against whom adverse findings have been made be relieved of any operational commands that they may hold and that they be prohibited from serving in any special operations units.”

 

15.19 The Commission indicated the allegations of involvement of members of the Mobile Reserve in extra-judicial killings.

 

15.20 “Where the accusations of extra-judicial killings on the part of the security forces were found by this Commission to be credible, and where persons were identified as being in dereliction of duty or were administratively or operationally incompetent, we recommend that these persons should never again be allowed to lead or otherwise participate in internal security operations.”

 

15.21 “We further recommend that the Mobile Reserve be subjected to special external oversight arrangements.”

The JCF and JDF should give an update on the status of the recommended administrative reviews of the named officers.

 

The JCF should give an update regarding the recommendation to relieve certain officers of operational command.

 

The Government should give an update regarding the recommended special external oversight arrangements for Mobile Reserve.

2. USE OF WEAPONS SYSTEMS 15.22 The Commission pointed to the need for “policies that guide the selection of weapons systems that may be used in internal security operations….We strongly recommend that a group of competent persons be tasked to draft such a policy.”

 

Future use of Mortars and other Indirect Fire Weapons

15.24 “We therefore recommend that, in future, the leadership of the JDF pay careful regard to contemporary best practice and learning in relation to the use of weapons of indirect fire. Consistent with international humanitarian law, the use of these weapons in built-up areas should be prohibited.”

 

 

The Government should indicate the status of drafting policies regarding selection of weapons systems for internal security operations.

 

The JDF should indicate the status of its review of future use of mortars and other indirect fire weapons.

3. IMPROVING LEGAL AND ADMINISTRATIVE ACCOUNTABILITY FOR USE OF FORCE 15.27 “…we recommend the following firearm related systems and procedures for favourable consideration by the GoJ:” These are set out in (a) – (e).

 

 

 

 

 

Use of Masks or Other Concealment Gear

15.28 “…we recommend that the use of masks and/or other concealment gear be limited to special cases when the identities of particular officers and units are best protected by these means. We also recommend that where masks and other concealment gear are used by entire units or groups, this be done only with the approval of the CDS and CoP for the JDF and JCF respectively….Moreover, we recommend that in all cases, there be reliable and verifiable means of internally identifying all individuals for whom approval is given to wear masks and or other concealment gear….

 

Body Worn Cameras

15.32 “This recommendation should also apply to soldiers who participate in special policing operations.”

15.33 The Commission recommends the use of body worn cameras by the police. “We therefore recommend the introduction of this type of technology.”

 

 

The Government should give an update regarding the status of the recommendations to do with firearm related systems and procedures; for several of these, the JCF’s update would be relevant.

 

 

The government should give an update regarding the policy regarding wearing of masks or other concealment gear; the JDF and JCF updates would be relevant here.

 

 

 

 

 

 

 

 

 

The Government should give an update regarding the implementation of the recommendation for the use of body worn cameras by the JCF and JDF. The JCF update would be relevant here.

 

Of particular note is the status of the protocols to govern use of body worn cameras. Body worn cameras are now being used by some members of the JCF. Earlier this year, INDECOM indicated that at that time it did not know what the protocols were; the public also does not know what the protocols are.

4. ACCOUNTABILITY IN JOINT OPERATIONS – A TRANSITION COMMAND PROTOCOL 15.34 “We recommend that the JDF and JCF fashion a transition command protocol that would be applied in instances of large-scale joint internal security operations.” The JDF and JCF should give an update regarding the status of this recommended protocol.
5. STRENGTHEN OVERSIGHT OF THE JCF 15.35 “We recommend that they [INDECOM, PCOA & PSC] be strengthened in terms of their capacities to fulfill their functions effectively.” The Government should give an update regarding measures taken to strengthen the capacities of INDECOM, the PCOA & the PSC.
6. OVERSIGHT OF THE JDF’S INVOLVEMENT IN POLICING OPERATIONS 15.36 “…to the extent that the JDF has become routinely involved in policing and is required to play a major role in internal security operations, it is our view that this aspect of their work, that is, their policing work, should be subjected to a greater measure of external civilian oversight.” The Government should give an update regarding this recommendation to increase external civilian oversight of the JDF’s policing work . The JDF’s update would be relevant in this regard.
7. TACKLING THE GARRISON PHENOMENON 15.41 The Commission noted the establishment of a police post in Tivoli Gardens after May 24, 2010 and recommended “that this approach be replicated in those garrison constituencies where none presently exists.”

 

 

15.42 “In addition, since “de-garrisonisation” ultimately requires consensus among political parties, we recommend

a. A bi-partisan approach leading to agreement towards the dismantling of garrison communities facilitated by an independent third party.

b. A road map for “de-garrisonisation” should be handed over to an independent body similarly structured in composition to the Electoral Commission, to develop the details of the process.

 

15.43 In relation to “de-garrisonisation”, the Commission made several recommendations to do with allocation of resources, set out in (i) – (iii).

 

The Government should give an update regarding the recommendation to establish police posts in garrison constituencies which did not have one. The JCF update would be relevant in this regard.

 

The Government should give updates about the implementation of the recommendations regarding the process and the allocation of resources relating to “de-garrisonisation”.

8. ACTION RECOMMENDATIONS OF ECLAC 15.45 The Commission endorsed the recommendations made by ECLAC in its report on the impact of the May 2010 events in Jamaica.

 

15.46 The Commission also “endorsed the main conclusion of the report that a medium to long-term programme of rehabilitation and revitalisation of the affected communities should be developed in order to integrate those communities into Jamaican society.”

 

15.47 “As part of a programme for inner city renewal and development we recommend that the Government should vigorously pursue the private sector’s assistance by inviting them to embrace the Urban Renewal (Tax Relief) Act.”

The Government should give an update regarding the recommendations to do with “[s]ustainable development… in addressing the problems in the low-income urban areas.”
9. REVIEW AND REFORM OF THE CRIMINAL JUSTICE SYSTEM 15.48 “We recommend that there should be a thorough-going holistic review of the existing criminal justice system followed thereafter by appropriate administrative and legislative action.” The Government should give an update regarding this recommended review.
10. AMENDMENT OF EXTRADITION ACT 15.50 “We recommend that section 8 of the Extradition Act be amended to make it mandatory that the Minister make a decision on authority to proceed within a finite time.”

 

15.51 The Commission made recommendations regarding not publicizing extradition requests and the Attorney General’s intention to sign the Authority to Proceed. Also recommended AG immediately informing the Commissioner of Police upon its execution.

The government should give an update regarding the recommended amendment to the Extradition Act.

 

 


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Inside Looking Out: Weekly Photo Challenge – Heritage

‘This week, share a photo of something that says “heritage” to you.’

Normally I see Jamaica House – the office of the Prime Minister – from the outside looking in. Recently, I attended a meeting there and took this photo when I was leaving…standing at the entrance, looking out.P1140626

Around were the signs of activity associated with maintaining this government property, built after Independence in 1962. Mowing the lawns…

P1140633

…installing a new fridge….P1140637

The building itself isn’t a particular favourite of mine, but the more than 50 years of Jamaican Independence are an essential part of what “heritage” means to me.

Weekly Photo Challenge – Heritage


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The Building At 79 – 83 Barry Street: Past, Present, Future

You walk past things without seeing them all the time. Vendors, shop windows, signs for business places. If you are busy and focussed on getting to an appointment, if you are on your phone, your field of vision shrinks to fit your field of attention. You can’t miss the imposing white and pink building at 79 – 83 Barry Street in downtown Kingston, right across the road from the multi-storey  car park beside the Supreme Court. Yet I never really looked at it until last year, although I have walked or driven past the solid edifice repeatedly over many years. Perhaps because when I am downtown, in the vicinity of the Supreme Court, I am hurrying to find a courtroom before a case is called up, or I am hurrying to do business at the Accountant General’s office. I am not there for a leisurely stroll and sightseeing.

Perhaps, too, there are so many derelict or burnt out buildings in parts of downtown that they don’t individually stand out. Now that I have looked at it more carefully, however, it does seem strange how little I knew about this building before.

This is what it looks like on Google maps…Barry Street - Kingston - Google map - highlighted…and when you look up Barry Street…P1080794…and when you are on Barry Street facing it.P1080871 It’s clear that no-one has entered it in a long time, certainly not through what used to be its main entrance…

…nor by its side entrance on Church Street.P1080862Many of the windows are boarded up, or closed, with broken glass.

The ones on the upper floor are open to the elements.P1080966 P1080913And there is no roof.P1080940

The Building’s History

Time Tells Our Story - Donald LindoIn his book “Time Tells Our Story: The History of The Jamaica Mutual Life Assurance Society, 1844 – 1994”, Donald Lindo gives an account of the decision of the Society to construct a new building after its offices on Port Royal Street had been severely damaged in the 1907 earthquake.

 

 

“The office at No. 10 Port Royal Street, was a brick building, and although it had been repaired, the directors made an almost immediate decision to rebuild and at the same time expand the size of the office. A committee was set up and builders were consulted but the directors were undecided as to whether they would build on the same location or elsewhere and some eighteen months elapsed without a decision being made. Eventually, during 1909, they purchased 79, 81 and 83 Barry Street, with a frontage covering the entire block from Church Street to Temple Lane and facing the old cenotaph war memorial. Tenders were invited and Mr. S. S. Wortley was selected to build the new office, under the supervision of the new contractors Messrs. Mais and Sant. The building was completed in 1911 at a total cost of £7,776, including the land, and was constructed of reinforced concrete which was now being used by many builders instead of brick. Research into the Society’s records do not indicate the exact origin of the logo adopted in later years – a sturdy Viking warrior, battle-axe in his right hand, a stout key in his left, his shield fastened to his arm and guarding the heavy closed door to the new building and the inscription written around it is ‘SECURITY, SOLIDITY’. Beneath this model of the warrior was the date 1911.” (pp. 151-2)

Jamaica Mutual Life logo

The logo as seen on the cover of Donald Lindo’s book

P1080920

The logo as currently seen on the Barry Street building. Notice that the battle-axe is missing.

“It was not until March of the following year that the Society moved to its new address and held its first half yearly general meeting there on 17 April 1912. The new building consisted of two floors, a ground and upper floor with a large double staircase on either side of a spacious hallway as one entered from Barry Street. With the exception of an archival vault and a parking area for cars. the Society occupied only the upper floor for its offices. Two sections of the lower floor opening on Barry Street were for many years rented to Mr. J. H. Gaskin Mapp (originally from Barbados) and the Bonitto Bros., both commission agents. The building was an architectural landmark of its day.” (p. 152)

Barry Street head office - Lindos book

This photo on page 154 of Donald Lindo’s book is captioned “Barry Street Head Office, completed in 1911”.

Barry Street building in 1950s

A photo from the 1950s, I think. I don’t know the source of this photo and would welcome any help in identifying it.

Cenotaph War Memorial 1922 - UK National Archive

In the top right hand corner of this 1922 photo of the War Memorial, you can see the top of the Jamaica Mutual Life building, just below the electric wires. (National Archives UK)

“When the office at 79 – 83 Barry Street had been remodelled in 1965 the original intention was to construct a new one on the same site in about fifteen years. Nearly ten years had elapsed and although there had been a number of new developments in the Kingston waterfront area, the heart of Kingston was no longer as popular and the trend was for business places to move up-town to the New Kingston area.” (p. 208)

In 1973, the board of the Society made a decision to move uptown and purchased property to facilitate that move. They also decided:

“…that they should try to find a purchaser for the head office at Barry Street. To their surprise, there was an immediate buyer, the government, who wished to expand the courts offices then located in the government buildings just across the road from The Jamaica Mutual Life. The price was agreed but the government wanted almost immediate occupancy, so without knowing where the staff could be temporarily relocated the directors agreed to give occupancy in November 1973….The annual general meeting of 3 July 1973, was therefore a very historic one as it was the last to be held at 79 – 83 Barry Street after more than sixty years.” (pp. 208 – 211)

The Attorney General’s Chambers were located in the Barry Street building from 1976 – 2001, when they moved to the then Mutual Life Building on Oxford Road.Locations of AGs Chambers - 79 Barry StI am not yet clear on what led to the building falling into its current derelict state and will try to find out. In her 2016 Sectoral Debate presentation, Attorney General Marlene Malahoo Forte told Parliament of plans to move the AG’s Chambers back to Barry Street eventually.

AG comment re 79 Barry Street - Sectoral Debate 2016

I made a trip to the National Land Agency to get a copy of the land title and noted a transfer registered on January 31, 2017 to the Commissioner of Lands, “Consideration money Seven Hundred and Fifty Thousand Dollars”.

79 Barry St land title 201779 Barry St land title 2017 p2

I wonder what the years of exposure to the elements will have done to the soundness of the structure and how much will have to be spent to restore it to a useable condition. Many in the legal profession and in the business sector must have memories of this building in its better days. Hopefully, the future will see it being restored and functional again.P1080845

Postscript: I would like to thank historian Dr Joy Lumsden for her help in guiding me to historical information about the building. And since she is my mother, I would also like to wish her Happy Mother’s Day!


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Sun, Moon, Plant, Me: Weekly Photo Challenge – Reflecting

“From water and glass to metallic surfaces, share a photo that captures something reflected back to you in a way that made you look at your surroundings differently.”

We see the moon because of the sun’s light reflecting off it. Tonight, the moon’s light is reflecting off the leaves and branches of the overgrown privet. And here I am, reflecting on it all…P1140569

Weekly Photo Challenge – Reflecting


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Births Fall in Jamaica in 2016…Because of #Zika Warning?

RJR birth decline in 2016 report - 4-5-17I heard the tail end of a report on RJR’s 5pm newscast yesterday (May 4, 2017), which said that there had been a significant decline in births in Jamaica last year. This seemed interesting in the context of the warning to delay pregnancy issued by the Ministry of Health (MOH) in January 2016, in advance of the country’s first confirmed case of the zika virus.

 

MOH warning to pregnant women 1-2016

During his Sectoral Debate presentation on May 3, 2017, Minister of Health Christopher Tufton tabled the first edition of Vitals, a new quarterly report published by his Ministry, which contains the following information:MOH reduced births 2016 chart

MOH reduced births 2016 text

(p.12, Vitals: Quarterly Report of the Ministry of Health – April 2017)

 

This 28% decline in the 4th Quarter of 2016 – nine to twelve months after the zika warning was issued – does on the face of it seem related to the warning. It certainly invites further study to understand how women and their partners responded to the warning and what part various factors, such as discussions and planning, increased use of contraceptives, access to abortion, for example, played in the subsequent decrease in births. It would also be interesting to compare this decrease in Jamaica with other countries which issued similar warnings. I also wonder whether there has been another recent year in which Jamaica has seen an annual decrease in births as large as 7.4%. (The RJR report mistakenly stated that the 28% decline was for the entire 2016, rather than only the 4th Quarter.)

Zika Update

The issue of Vitals also gives an update on the situation with zika in Jamaica up to the first week of April 2017:MOH zika update - Vitals 4-2017

It also reported on the cases of pregnant women with zika infections and the babies with suspected or probable cases of Congenital Syndrome Associated with Zika Virus (CSAZ).

There were 827 cases of notified Zika virus infection in pregnant women reported as at 10th April, 2017; 698 have been classified as suspected Zika based on the case definition. Of the 698 suspected cases, seventy-eight (78) have had positive PCR results confirming Zika virus infection. There were 170 notifications received regarding babies suspected as Congenital Syndrome Associated with Zika Virus Infection (CSAZ), 50 were classified as suspected cases of CSAZ (46 Microcephaly – 35 non-severe, 11 severe; 4 other congenital abnormalities). Three infants based on Pan American Health Organization/World Health Organization were classified as probable cases of CSAZ.

(p. 17, Vitals: Quarterly Report of the Ministry of Health – April 2017)

There is obviously more to be said about the cases of babies suspected to have been affected by the zika virus, including why the numbers were fewer than initially feared, how the cases of microcephaly compare to previous years in number and severity and how the programmes to support the babies, their mothers and families are proceeding.MOH Vitals 4-2017

Vitals – A New Publication by the Ministry of Health

 

When he introduced the new publication during his Sectoral Debate presentation, Minister Tufton said that he hoped it would be a source of information and a tool for accountability.Tufton sectoral debate presentation 3-5-17 Vitals

I welcome this new quarterly report and think that it can indeed be a useful source of information about a variety of topics that are part of the remit of the Ministry of Health. I hope, however, that it will be easily and widely available. I found the link to it on Minister Tufton’s Twitter account. Up to the time of publishing this blog post, it wasn’t available on the MOH website or via the Jamaica Information Service website. I hope it soon will be.

 

 

 


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Hawk Deh Near…But Not For Long: Weekly Photo Challenge – Danger!

“This week, share a photo that says Danger! to you.”

The presence of a chicken hawk (Red-tailed Hawk/Buteo jamaicensis) caused great consternation among the neighbourhood birds that morning. From the moment I went on the roof, I could hear them making loud calling sounds, as though warning each other that danger was near.P1130480I then watched them mount an amazing co-ordinated effort to drive the hawk away. They dive-bombed it repeatedly…nightingales…P1130502…cling-clings…P1130472…and even a streamertail hummingbird at one point, though I wasn’t lucky enough to get a photo of that! In the end, the hawk was chased away and the danger passed. At least, until next time….

Weekly Photo Challenge – Danger!