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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.
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3 May 2013
SOUTH SUDAN
List of Documents
1.
General Information and Maps
Title:
Cartographic Section. South Sudan.
Date of Document:
October 2011
Accessed Date:
11 February 2013
Title:
South Sudan. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
7 January 2013
Accessed Date:
16 January 2013
Keywords:
children; conflict; country overview; ethnic and national groups; internal displacement; legal system; legislation; map; military service; nationality; political activities; political organizations; religion; transport infrastructure
Title:
Report of the Secretary-General on South Sudan
Source:
United Nations. Security Council.
Date of Document:
8 November 2012
Accessed Date:
15 January 2013
Keywords:
abduction; arbitrary arrest and detention; armed groups; children; citizenship; corruption; crime; ethnic and national groups; freedom of the press; gender-based violence; government corruption; humanitarian situation; internal displacement; judicial efficacy; legislation; map; penal system; police efficacy; police/security forces; police/security forces complaints; political activities; political opposition; political organizations; sexual violence; statistics; transport infrastructure
Title:
South Sudan. Country Reports on Human Rights Practices for 2012.
Source:
United States. Department of State.
Date of Document:
19 April 2013
Accessed Date:
29 April 2013
Keywords:
abduction; arbitrary arrest and detention; armed groups; children; citizenship; conflict; corruption; corruption; corruption; corruption; crime; disappeared persons; domestic violence; election; ethnic and national groups; extralegal executions/killings; extremist/terrorist organizations; female genital mutilation; freedom of assembly; freedom of expression; freedom of movement; freedom of the press; gender equality; gender-based violence; human rights activists; identity documents; institutional efficacy; internal displacement; Internet; judicial efficacy; labour; legal system; legislation; marriage; military service; minorities; minorities; penal system; police efficacy; police/security forces; police/security forces complaints; political activities; political opposition; political organizations; political prisoners; race; religion; sexual violence; social services; state surveillance; torture; trafficking in persons; tribes/clans; warrants
Title:
South Sudan. World Report 2012: Events of 2011.
Source:
Human Rights Watch
Date of Document:
January 2012
Accessed Date:
15 January 2013
Keywords:
abduction; arbitrary arrest and detention; armed groups; children; citizenship; conflict; crime; domestic violence; election; ethnic and national groups; extralegal executions/killings; gender equality; humanitarian situation; institutional efficacy; internal displacement; judicial efficacy; legislation; marriage; penal system; police corruption; police efficacy; police/security forces; police/security forces complaints; political activities; political opposition; tribes/clans
Title:
South Sudan. Freedom in the World 2012.
Accessed Date:
16 January 2013
Keywords:
arbitrary arrest and detention; armed groups; children; conflict; corruption; crime; domestic violence; election; ethnic and national groups; extralegal executions/killings; freedom of assembly; freedom of the press; gender equality; government corruption; internal displacement; judicial efficacy; legislation; military service; police corruption; police efficacy; police/security forces; police/security forces complaints; political activities; political organizations; religion; statistics
Title:
South Sudan. Amnesty International Report 2012: The State of the World's Human Rights.
Source:
Amnesty International
Accessed Date:
16 January 2013
Keywords:
arbitrary arrest and detention; armed groups; children; citizenship; conflict; crime; disappeared persons; ethnic and national groups; extralegal executions/killings; freedom of assembly; freedom of expression; freedom of the press; internal displacement; legislation; penal system; police corruption; police/security forces; police/security forces complaints; political activities; political opposition; torture
3.
Identification Documents and Citizenship
Title:
Chapter II – Citizenship and Nationality. The Transitional Constitution of the Republic of South Sudan, 2011.
Accessed Date:
11 February 2013
Keywords:
citizenship; legislation
Title:
Sudan: Citizenship Changed for Residents from the South
Source:
United States. Library of Congress.
Date of Document:
20 July 2011
Author:
Constance Johnson
Accessed Date:
11 February 2013
Keywords:
citizenship; internal displacement; labour; legislation
Title:
The Nationality Act, 2011
Accessed Date:
16 January 2013
Keywords:
citizenship; legislation
Title:
Passports and Immigration Act, 2011
Accessed Date:
11 February 2013
Keywords:
citizenship; freedom of movement; identity documents; legislation
Title:
Nationality Regulations, 2011
Accessed Date:
16 January 2013
Keywords:
children; citizenship; crime; ethnic and national groups; identity documents; indigenous groups; legislation; marriage
4.
Political Activities and Organizations
Title:
Update on Human Rights Violations in Blue Nile and South Kordofan
Source:
African Centre for Justice and Peace Studies
Date of Document:
January 2012
Accessed Date:
16 January 2013
Keywords:
arbitrary arrest and detention; conflict; crime; extralegal executions/killings; humanitarian situation; internal displacement; police/security forces; torture
Title:
The Republic of South Sudan: Opportunities and Challenges for Africa's Newest Country
Source:
United States. Congressional Research Service.
Date of Document:
16 September 2011
Accessed Date:
11 February 2013
Keywords:
arbitrary arrest and detention; conflict; crime; extralegal executions/killings; humanitarian situation; internal displacement; police/security forces; torture
5.
Gender, Domestic Violence and Children
Title:
Sudan. Report - Female Genital Mutilation in Sudan and Somalia.
Source:
Norway. Landinfo, Country of Origin Information Centre.
Date of Document:
10 December 2008
Page Numbers:
1, 5-12, 16-17
Accessed Date:
11 February 2013
Keywords:
children; ethnic and national groups; female genital mutilation; gender equality; internal displacement; legislation; marriage; religion
Title:
Women's Security and the Law in South Sudan
Source:
Small Arms Survey. Human Security Baseline Assessment for Sudan and South Sudan.
Accessed Date:
16 January 2013
Keywords:
children; conflict; domestic violence; family law; gender equality; gender-based violence; judicial efficacy; labour; legal system; legislation; marriage; police efficacy; police/security forces; religion; sexual violence; social services; tribes/clans
Title:
South Sudan. State-Sponsored Homophobia: A World Survey of Laws Criminalising Same-Sex Sexual Acts Between Consenting Adults.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
May 2012
Author:
Lucas Paoli Itaborahy
Accessed Date:
16 January 2013
Keywords:
legislation; sexual minorities
7.
Criminality and Corruption
Title:
South Sudan (Tier 2 Watch List). Trafficking in Persons Report 2012.
Source:
United States. Department of State.
Date of Document:
June 2012
Accessed Date:
16 January 2013
Keywords:
abduction; armed groups; children; conflict; ethnic and national groups; gender equality; institutional efficacy; internal displacement; judicial corruption; judicial efficacy; labour; legal system; legislation; military service; police/security forces; police/security forces complaints; political activities; sexual violence; trafficking in persons
8.
Military Service - (No items in this section)
9.
Judiciary, Legal and Penal Systems
Title:
'Prison Is Not for Me.' Arbitrary Detention in South Sudan.
Source:
Human Rights Watch
Date of Document:
June 2012
Accessed Date:
16 January 2013
Keywords:
abduction; arbitrary arrest and detention; armed groups; children; conflict; crime; extralegal executions/killings; institutional efficacy; judicial corruption; judicial efficacy; labour; legal system; legislation; map; marriage; penal system; police corruption; police efficacy; police/security forces; police/security forces complaints; political activities; sexual violence; statistics; torture
10.
Police and Security Forces
Title:
Work in Progress: Security Force Development in South Sudan Through February 2012
Source:
Small Arms Survey. Human Security Baseline Assessment Project for Sudan and South Sudan.
Date of Document:
June 2012
Accessed Date:
16 January 2013
Keywords:
armed groups; conflict; corruption; ethnic and national groups; extralegal executions/killings; institutional efficacy; legal system; military service; penal system; police corruption; police efficacy; police/security forces; police/security forces complaints; political activities; political organizations
Title:
South Sudan: World's Youngest Country Yet to Embark on Road to Civil Liberties
Source:
Reporters Without Borders
Date of Document:
July 2012
Accessed Date:
16 January 2013
Keywords:
arbitrary arrest and detention; conflict; freedom of expression; freedom of movement; freedom of the press; government corruption; institutional efficacy; judicial efficacy; legislation; police/security forces complaints; political activities; political opposition; torture
Title:
South Sudan. International Religious Freedom Report for 2011.
Source:
United States. Department of State.
Date of Document:
30 July 2012
Accessed Date:
16 January 2013
Keywords:
legislation; political activities; religion
13.
Nationality, Ethnicity and Race
Title:
South Sudan. State of the World's Minorities and Indigenous Peoples 2012: Events of 2011.
Source:
Minority Rights Group International
Date of Document:
June 2012
Accessed Date:
16 January 2013
Keywords:
armed groups; citizenship; conflict; crime; election; ethnic and national groups; freedom of movement; legislation; minorities; political activities; political organizations
Title:
South Sudan: Justice Needed to Stem Violence
Source:
Human Rights Watch
Date of Document:
10 February 2012
Accessed Date:
16 January 2013
Keywords:
armed groups; children; ethnic and national groups; extralegal executions/killings; judicial efficacy; legal system; police efficacy
Title:
My Neighbour, My Enemy: Inter-Tribal Violence in Jonglei. Issue Brief 21.
Source:
Small Arms Survey. Human Security Baseline Assessment Project for Sudan and South Sudan.
Date of Document:
October 2012
Accessed Date:
16 January 2013
Keywords:
abduction; armed groups; children; conflict; crime; extralegal executions/killings; gender equality; institutional efficacy; legislation; map; political activities; religion; statistics; tribes/clans
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 30 January 2013:
Title:
South Sudan. Country Reports on Human Rights Practices for 2011.
Source:
United States. Department of State.
Date of Document:
24 May 2012
URL:
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?dynamic_load_id=187675
Accessed Date:
11 February 2013
Keywords:
abduction; arbitrary arrest and detention; armed groups; children; conflict; corruption; crime; disappeared persons; 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; honour crimes; human rights activists; humanitarian situation; internal displacement; Internet; judicial corruption; judicial efficacy; labour; legal system; legislation; marriage; military service; nationality; penal system; police corruption; police efficacy; police/security forces; police/security forces complaints; political activities; political opposition; political organizations; political prisoners; religion; sexual minorities; sexual violence; statistics; torture; trafficking in persons; transport infrastructure; tribes/clans
Title:
The Europa World Year Book 2012. South Sudan.
Source:
The Europa World Year Book 2012
Publisher:
London: Routledge
Accessed Date:
16 January 2013
Keywords:
country overview
Title:
Political Handbook of the World 2012. South Sudan.
Source:
Political Handbook of the World 2012
Publisher:
Washington, DC: CQ Press
URL:
http://library.cqpress.com/phw/document.php?id=phw2012-Southsudan&type=hitlist&num=2
Accessed Date:
16 January 2013
Keywords:
conflict; country overview; legislation; nationality; political activities; political opposition; political organizations
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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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.