National Documentation Packages (NDPs) are lists of public documents that provide information on country conditions. Updates occur on a regular basis.
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Jurisprudential Guides Notes
Jurisprudential Guides Notes
On
July 28, 2022, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide:
-
Decision TC1 05038 – The proper interpretation of the ‘generalized risk’ exception to protection found at subparagraph 97(1)(b)(ii) of the Act, in claims for protection involving allegations of gang-targeting or other acts of criminality.
On
December 22, 2020, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision MB8-00025 – This Jurisprudential Guide addresses, in applying Article 1E of the Refugee Convention, whether members should consider allegations of risk in a country of residence if they conclude that a refugee claimant has the rights and obligations which are attached to the possession of nationality in that country.
On
July 6, 2018, the Chairperson identified the following Refugee Appeal Division decision as being a
Jurisprudential Guide.
-
Decision TB7-19851 – Nigeria – This Jurisprudential Guide addresses internal flight alternatives in major cities in south and central Nigeria for claimants fleeing non-state actors.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 10, 2018.
On
July 20, 2017, the Chairperson identified the following Refugee Appeal Division decision as being
Jurisprudential Guides.
-
Decision TB7-01837 – Pakistan – Whether the treatment experienced by Ahmadis in Pakistan amounts to persecution, whether state protection is available and whether there is a viable internal flight alternative.
-
Decision MB6-01059/60 – India – Availability of an internal flight alternative in India for claimants from Punjab.
Revoked
-
Decision TB6-11632 – China – Analysis of the efficacy of the Chinese national computer network known as the Golden Shield Project and its impact on whether a person wanted by the authorities can exit China via an airport using a genuine passport.
Revoked
The country documentation referenced in each of these decisions has been included in s.16 of the updated National Documentation Packages published on July 20, 2017.
Back
31 August 2017
NAMIBIA
List of Documents
1.
General Information and Maps
Source:
United States. Central Intelligence Agency.
Accessed Date:
18 October 2012
Title:
Botswana - Namibie. L'Encyclopédie en ligne.
Accessed Date:
22 August 2016
Title:
Namibia. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
1 August 2017
Accessed Date:
23 August 2017
Title:
Namibia. Country Reports on Human Rights Practices for 2016.
Source:
United States. Department of State.
Date of Document:
3 March 2017
Accessed Date:
7 March 2017
Title:
Namibia. Amnesty International Report 2016/17: The State of the World's Human Rights.
Source:
Amnesty International
Accessed Date:
24 July 2017
Title:
Namibia. Freedom in the World 2016.
Accessed Date:
22 August 2016
Keywords:
domestic violence; election; ethnic and national groups; extralegal executions/killings; freedom of assembly; freedom of expression; freedom of movement; freedom of the press; gender equality; gender-based violence; government corruption; institutional efficacy; judicial efficacy; labour; minorities; police/security forces complaints; political activities; political organizations; sexual minorities; sexual violence; statistics; trafficking in persons
Title:
Concluding observations on the initial report of Namibia
Source:
United Nations. Committee on Economic, Social and Cultural Rights.
Date of Document:
23 March 2016
Accessed Date:
18 July 2016
Keywords:
children; domestic violence; ethnic and national groups; family law; gender equality; gender-based violence; indigenous groups; labour; legislation; marriage; minorities; sexual minorities; sexual violence; social services
Title:
Report of the Working Group on the Universal Periodic Review: Namibia
Source:
United Nations. Human Rights Council.
Date of Document:
15 April 2016
Accessed Date:
18 July 2016
Keywords:
children; domestic violence; family law; freedom of expression; freedom of the press; gender equality; gender-based violence; labour; legal system; legislation; marriage; penal system; sexual minorities; sexual violence; social services
Title:
Concluding observations on the second report of Namibia
Source:
United Nations. Human Rights Committee.
Date of Document:
22 April 2016
Accessed Date:
18 July 2016
Keywords:
crime; disappeared persons; domestic violence; ethnic and national groups; extralegal executions/killings; family law; freedom of movement; gender equality; gender-based violence; indigenous groups; legal system; legislation; marriage; minorities; penal system; police/security forces; race; sexual minorities; sexual violence; torture
3.
Identification Documents and Citizenship
Title:
Chapter 2 - Citizenship. Namibian Constitution Second Amendment Act, 2010.
Accessed Date:
18 October 2012
Keywords:
citizenship; legislation
Title:
Namibia Identity Management System Analysis Report
Date of Document:
April 2016
Accessed Date:
22 August 2016
Keywords:
children; identity documents; institutional efficacy; marriage; political activities; statistics
Title:
Dual Citizenship Legal for Born Namibians
Date of Document:
7 June 2011
Accessed Date:
22 August 2013
Keywords:
citizenship; legal system; legislation
4.
Political Activities and Organizations
Title:
Republic of Namibia. Election for President of 28 November 2014.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
15 July 2015
Keywords:
election; gender equality; political activities; political organizations; statistics
Title:
I. Political Transformation. Bertelsmann Stiftung, BTI 2016 - Namibia Country Report.
Source:
Gütersloh: Bertelsmann Stiftung
Keywords:
citizenship; country overview; freedom of expression; freedom of the press; gender-based violence; institutional efficacy; judicial efficacy; legal system; legislation; minorities; political activities; political organizations; race; religion; sexual minorities; social services; statistics
Title:
Republic of Namibia. Election for Namibian National Assembly of 28 November 2014.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
22 July 2015
Keywords:
election; gender equality; political activities; political organizations; statistics
5.
Gender, Domestic Violence and Children
Title:
NGO Shadow Report to the Namibia Fourth and Fifth Periodic Report to the CEDAW Committee. Focus: Harmful Cultural Practices in Namibia.
Source:
Namibia Non-Governmental Organisations' Forum Trust
Date of Document:
12 June 2015
Accessed Date:
18 July 2016
Keywords:
children; crime; domestic violence; family law; female genital mutilation; gender equality; gender-based violence; legal system; legislation; marriage; sexual violence; statistics
Title:
Concluding observations on the combined fourth and fifth periodic reports of Namibia
Source:
United Nations. Committee on the Elimination of Discrimination against Women.
Date of Document:
28 July 2015
Accessed Date:
18 July 2016
Keywords:
children; citizenship; crime; domestic violence; family law; femicide; gender equality; gender-based violence; labour; legal system; legislation; marriage; nationality; organized crime; sexual violence; social services; trafficking in persons; witness protection
Title:
Namibia. Social Institutions and Gender Index 2014.
Source:
Organisation for Economic Co-operation and Development
Accessed Date:
28 November 2014
Keywords:
children; domestic violence; family law; female genital mutilation; freedom of movement; gender equality; labour; legal system; legislation; marriage; police/security forces; political activities; political organizations; sexual violence; social services; statistics
Title:
Gender Protocol 2015 Barometer Namibia. Chapter 1: Constitutional and legal rights; Chapter 5: Gender based violence.
Source:
Southern African Development Community
Date of Document:
11 June 2015
Accessed Date:
18 July 2016
Keywords:
children; crime; domestic violence; extralegal executions/killings; family law; femicide; gender equality; gender-based violence; judicial efficacy; labour; legal system; legislation; marriage; organized crime; police/security forces; sexual minorities; sexual violence; social services; statistics; torture; trafficking in persons
Title:
Combating of Domestic Violence Act, 2003: Regulations Relating to the Combating of Domestic Violence
Accessed Date:
18 October 2012
Keywords:
domestic violence; legislation
Title:
Namibia. State Sponsored Homophobia 2017: A world survey of sexual orientation laws: criminalisation, protection and recognition. 12th Edition.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
May 2017
Author:
Aengus Carroll; Lucas Ramón Mendos
Accessed Date:
24 July 2017
Title:
Criminalisation of Homosexuality
Source:
Human Dignity Trust
Date of Document:
25 October 2015
Accessed Date:
18 July 2016
Keywords:
crime; gender-based violence; legislation; sexual minorities; sexual violence
Title:
Submission to the Committee on Economic, Social and Cultural Rights in advance of the examination of Namibia's combined initial, first and second periodic reports under articles 16 and 17 of the International Covenant on Economic, Social and Cultural...
Source:
International Commission of Jurists
Date of Document:
February 2016
Accessed Date:
18 July 2016
Keywords:
children; crime; legal system; legislation; penal system; police/security forces; sexual minorities; sexual violence; social services
Title:
Namibia's Compliance with the U.N. Convention Against Torture: LGBTI Rights
Source:
Advocates for Human Rights et al.
Date of Document:
31 October 2016
Accessed Date:
24 July 2017
Title:
Transgender Rights in Namibia. Laws and Policies Affecting Transgender Persons in Southern Africa.
Source:
Southern Africa Litigation Centre
Date of Document:
July 2016
Accessed Date:
24 July 2017
Title:
Namibian Law on LGBT Issues
Source:
Legal Assistance Centre
Author:
Dianne Hubbard et al.
Accessed Date:
23 August 2017
Title:
An analysis of spaces for LGBTI activism in Namibia: Country Report. Canaries in the Coal Mines.
Source:
The Other Foundation
Accessed Date:
23 August 2017
7.
Criminality and Corruption
Title:
Anti-Corruption Act, 2003
Accessed Date:
18 October 2012
Keywords:
corruption; legislation
Title:
Namibia (Tier 2). Trafficking in Persons Report 2017.
Source:
United States. Department of State.
Date of Document:
June 2017
Accessed Date:
23 August 2017
Title:
Namibia. 2017 OSAC Crime and Safety Report.
Source:
United States. Department of State.
Date of Document:
3 February 2017
Accessed Date:
24 July 2017
8.
Military Service - (No items in this section)
9.
Judiciary, Legal and Penal Systems
Title:
Estates and Succession Amendment Act, 2005
Accessed Date:
18 October 2012
Keywords:
ethnic and national groups; legal system; race
Title:
Protection orders and other legal protection mechanisms in cases of violence, harassment and threats of violence, including domestic violence
Source:
Immigration and Refugee Board of Canada
Date of Document:
17 August 2012
Accessed Date:
18 October 2012
Keywords:
children; domestic violence; institutional efficacy; legislation
Title:
Concluding observations on the second periodic report of Namibia
Source:
United Nations. Committee against Torture.
Date of Document:
1 February 2017
Accessed Date:
24 July 2017
10.
Police and Security Forces
Title:
Procedures to report a crime to the police; information contained in police reports; procedures to obtain police documents from within Namibia or from abroad
Source:
Immigration and Refugee Board of Canada
Date of Document:
16 August 2012
Accessed Date:
18 October 2012
Title:
Namibia. Freedom of the Press 2015.
Accessed Date:
18 July 2016
Keywords:
freedom of expression; freedom of the press; Internet; legal system; legislation
Title:
Namibia. International Religious Freedom Report for 2016.
Source:
United States. Department of State.
Date of Document:
15 August 2017
Accessed Date:
23 August 2017
13.
Nationality, Ethnicity and Race
Title:
Concluding observations on the combined thirteenth to fifteenth periodic reports of Namibia
Code:
CERD/C/NAM/CO/13-15
Source:
United Nations. Committee on the Elimination of Racial Discrimination.
Date of Document:
10 June 2016
Accessed Date:
24 July 2017
Title:
Namibia. The Indigenous World 2017.
Source:
International Work Group for Indigenous Affairs
Date of Document:
April 2017
Author:
Ben Begbie-Clench; Pascoal Baptistiny
Editor:
Marianne Wiben Jensen
Accessed Date:
24 July 2017
14.
Exit/Entry and Freedom of Movement - (No items in this section)
15.
Labour, Employment and Unions - (No items in this section)
16.
Other - (No items in this section)
The following changes have been made to the previous package dated 31 March 2017:
Title:
Namibia. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
16 August 2016
URL:
https://www.cia.gov/library/publications/the-world-factbook/geos/wa.html
Accessed Date:
22 August 2016
Keywords:
country overview; map
Title:
Namibia. Amnesty International Report 2015/16: The State of the World's Human Rights.
Source:
Amnesty International
URL:
https://www.amnesty.org/en/countries/africa/namibia/report-namibia/
Accessed Date:
15 July 2016
Keywords:
children; crime; domestic violence; freedom of expression; freedom of the press; gender-based violence; legal system; penal system; political opposition; political prisoners; sexual violence; torture
Title:
Namibia. State-Sponsored Homophobia. A World Survey of Sexual Orientation Laws: criminalisation, protection and recognition.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
May 2016
URL:
http://ilga.org/downloads/02_ILGA_State_Sponsored_Homophobia_2016_ENG_WEB_150516.pdf
Accessed Date:
18 July 2016
Keywords:
legislation; sexual minorities
Title:
Namibia. 2016 OSAC Crime and Safety Report.
Source:
United States. Department of State.
Date of Document:
26 May 2016
URL:
https://www.osac.gov/pages/ContentReportDetails.aspx?cid=19768
Accessed Date:
18 July 2016
Keywords:
crime; drug trafficking; police/security forces; police/security forces complaints; transport infrastructure
Title:
Namibia (Tier 2). Trafficking in Persons Report 2016.
Source:
United States. Department of State.
Date of Document:
June 2016
URL:
http://www.state.gov/j/tip/rls/tiprpt/countries/2016/258828.htm
Accessed Date:
22 August 2016
Keywords:
children; gender-based violence; institutional efficacy; judicial efficacy; labour; legislation; political activities; sexual violence; social services; statistics; trafficking in persons
Title:
Namibia. International Religious Freedom Report for 2015.
Source:
United States. Department of State.
Date of Document:
10 August 2016
URL:
http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm?year=2015&dlid=256053
Accessed Date:
22 August 2016
Keywords:
ethnic and national groups; legislation; minorities; religion; statistics
Title:
Namibia. Mid-Term Implementation Assessment.
Date of Document:
14 March 2014
URL:
http://www.upr-info.org/sites/default/files/document/namibia/session_10_-_january_2011/mia-namibia.pdf
Accessed Date:
29 July 2014
Keywords:
children; ethnic and national groups; freedom of expression; freedom of movement; freedom of the press; gender equality; gender-based violence; human rights activists; indigenous groups; institutional efficacy; labour; legal system; legislation; marriage; minorities; organized crime; penal system; sexual minorities; sexual violence; social services; trafficking in persons
Title:
Passport issuance procedures, including requirements and documents needed to obtain a passport; reports of whether the Ministry of Home Affairs experienced operational delays in 2010
Source:
Immigration and Refugee Board of Canada
Date of Document:
5 May 2011
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=453436
Accessed Date:
18 October 2012
Keywords:
citizenship; identity documents
Title:
Domestic violence, including state protection, services and recourse available to victims
Source:
Immigration and Refugee Board of Canada
Date of Document:
3 August 2012
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454115
Accessed Date:
18 October 2012
Keywords:
domestic violence; femicide; gender equality; marriage; police efficacy; sexual violence; social services
Title:
Whether women who head their own households, without male or family support, can obtain housing and employment in Grootfontein, Walvis Bay and Windhoek; government support services available to female-headed households
Source:
Immigration and Refugee Board of Canada
Date of Document:
30 July 2012
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454110
Accessed Date:
18 October 2012
Keywords:
family law; gender equality; labour; legal system; marriage; social services
Title:
Forced marriages, including whether families choose, for a spouse, someone who is a cousin or uncle; whether polygamy is practiced; state protection available for those who defy traditional customs
Source:
Immigration and Refugee Board of Canada
Date of Document:
10 May 2011
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=453435
Accessed Date:
18 October 2012
Keywords:
marriage; social services
Title:
Gender-Based Violence in Namibia: An Exploratory Assessment and Mapping of GBV Response Services in Windhoek
Source:
Victims 2 Survivors; UNAIDS
URL:
http://www.aidsspace.org/getDownload.php?id=2131
Accessed Date:
23 July 2014
Keywords:
crime; domestic violence; gender-based violence; institutional efficacy; legal system; legislation; police/security forces; sexual minorities; sexual violence; social services; statistics
Title:
Treatment of sexual minorities by society and government authorities; recourse and protection available to sexual minorities who have been subject to ill-treatment
Source:
Immigration and Refugee Board of Canada
Date of Document:
2 August 2012
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454117
Accessed Date:
18 October 2012
Keywords:
sexual minorities
Title:
Crime situation; police and state response including effectiveness; availability of witness protection
Source:
Immigration and Refugee Board of Canada
Date of Document:
8 August 2012
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454116
Accessed Date:
18 October 2012
Keywords:
crime; domestic violence; judicial efficacy; trafficking in persons; witness protection
Title:
Customary and common law including matters of inheritance; how conflicts between the two systems of law are resolved
Source:
Immigration and Refugee Board of Canada
Date of Document:
14 August 2012
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=454130
Accessed Date:
18 October 2012
Keywords:
children; family law; gender equality; legal system; legislation; marriage
Title:
Namibia's Compliance with the U.N. Convention Against Torture: LGBTI Rights
Source:
Advocates for Human Rights et al.
Date of Document:
31 October 2016
URL:
http://www.theadvocatesforhumanrights.org/uploads/namibia_cat_lgbti_shadow_report_with_sign_ons_oct_2016.pdf
Accessed Date:
24 July 2017
Title:
Transgender Rights in Namibia. Laws and Policies Affecting Transgender Persons in Southern Africa.
Source:
Southern Africa Litigation Centre
Date of Document:
July 2016
URL:
http://www.southernafricalitigationcentre.org/1/wp-content/uploads/2016/09/Transgender-Rights-Booklet.pdf
Accessed Date:
24 July 2017
Title:
Namibian Law on LGBT Issues
Source:
Legal Assistance Centre
Author:
Dianne Hubbard et al.
URL:
http://www.lac.org.na/projects/grap/Pdf/LGBT_mono.pdf
Accessed Date:
23 August 2017
Title:
An analysis of spaces for LGBTI activism in Namibia: Country Report. Canaries in the Coal Mines.
Source:
The Other Foundation
URL:
http://theotherfoundation.org/wp-content/uploads/2017/06/Canaries_Namibia_epub_Draft2_CB2.pdf
Accessed Date:
23 August 2017
Title:
Concluding observations on the second periodic report of Namibia
Source:
United Nations. Committee against Torture.
Date of Document:
1 February 2017
URL:
http://undocs.org/en/CAT/C/NAM/CO/2
Accessed Date:
24 July 2017
Title:
Concluding observations on the combined thirteenth to fifteenth periodic reports of Namibia
Code:
CERD/C/NAM/CO/13-15
Source:
United Nations. Committee on the Elimination of Racial Discrimination.
Date of Document:
10 June 2016
URL:
http://undocs.org/en/CERD/C/NAM/CO/13-15
Accessed Date:
24 July 2017
Title:
Namibia. The Indigenous World 2017.
Source:
International Work Group for Indigenous Affairs
Date of Document:
April 2017
Author:
Ben Begbie-Clench; Pascoal Baptistiny
Editor:
Marianne Wiben Jensen
URL:
http://www.iwgia.org/iwgia_files_publications_files/0760_THE_INDIGENOUS_ORLD_2017_eb.pdf
Accessed Date:
24 July 2017
Disclaimer
National Documentation Packages (NDPs) include country-of-origin information that is publicly accessible at the time of publication and available within time constraints. While the Research Directorate strives to maintain the
NDP with current information, the research is not exhaustive and country conditions can change rapidly. Members of the public are invited to
suggest documents they feel are relevant to the
NDP.
NDPs are not, and do not purport to be, conclusive as to the merit of any particular claim for refugee protection. Rather, they are intended to support the refugee determination process. The assessment and weight to be given to the information in the
NDPs are the responsibility of independent
IRB members (decision-makers) after considering the evidence and arguments presented by the parties.
All sources are fully cited, including a hyperlink, to facilitate the location of the information. The
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NDP. It cannot guarantee or be responsible for:
- the functionality of links to external sources,
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The information presented in
NDPs solely reflects the views and perspectives of the sources cited and does not necessarily reflect the position of the
IRB or the Government of Canada.