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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
28 February 2023
KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF (NORTH KOREA)
List of Documents
1.
General Information and Maps
Source:
United States. Central Intelligence Agency.
Accessed Date:
13 February 2023
Title:
Corée du Nord. L'Encyclopédie en ligne.
Date of Document:
July 2005
Accessed Date:
18 July 2016
Title:
Location of political prison camps (kwanliso) and ordinary prison camps (kyohwaso) in the Democratic People's Republic of Korea
Source:
United Nations. High Commissioner for Human Rights.
Accessed Date:
21 August 2014
Title:
Korea, North. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
10 February 2023
Accessed Date:
22 February 2023
Title:
North Korea. BTI 2022 Country Report.
Date of Document:
February 2022
Accessed Date:
10 February 2023
Title:
Digital Trenches: North Korea's Information Counter-Offensive
Source:
Committee for Human Rights in North Korea
Date of Document:
18 December 2019
Accessed Date:
6 January 2022
Title:
Democratic People's Republic of Korea: Monitoring the health SDG goal; Indicator of overall progress
Source:
World Health Organization
Accessed Date:
6 January 2022
Title:
Présentation de la Corée du Nord
Source:
France. Ministère des Affaires étrangères et du Développement international.
Date of Document:
May 2020
Accessed Date:
4 January 2021
Title:
North Korea : Covid-19 used as pretext to seal border
Source:
Human Rights Watch
Date of Document:
17 November 2022
Accessed Date:
10 February 2023
Title:
Democratic People's Republic of Korea. Country Reports on Human Rights Practices for 2021.
Source:
United States. Department of State.
Date of Document:
12 April 2022
Accessed Date:
13 May 2022
Title:
North Korea. Amnesty International Report 2021/22: The State of the World's Human Rights.
Source:
Amnesty International
Date of Document:
29 March 2022
Accessed Date:
10 February 2023
Title:
North Korea. World Report 2023: Events of 2022.
Source:
Human Rights Watch
Date of Document:
January 2023
Accessed Date:
22 February 2023
Title:
Pyongyang Republic: North Korea's Capital of Human Rights Denial
Source:
Committee for Human Rights in North Korea
Date of Document:
9 February 2016
Accessed Date:
18 July 2016
Title:
Compilation on the Democratic People's Republic of Korea
Code:
A/HRC/WG.6/33/PRK/2
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
26 February 2019
Accessed Date:
12 December 2019
Title:
Denied from the Start: Human Rights at the Local Level in North Korea
Source:
Committee for Human Rights in North Korea
Date of Document:
19 December 2018
Accessed Date:
12 December 2019
Title:
Situation of human rights in the Democratic People's Republic of Korea: Report of the Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea
Source:
United Nations. Human Rights Council.
Date of Document:
1 May 2020
Accessed Date:
4 January 2021
Title:
North Korea. Freedom in the World 2022.
Accessed Date:
10 February 2023
Title:
Situation of human rights in the Democratic People's Republic of Korea: Report of the Secretary-General
Source:
United Nations. General Assembly.
Date of Document:
29 July 2022
Accessed Date:
10 February 2023
Title:
An Investigation into the Human Rights Situation in North Korea's Political Prison Camps: Testimonies of Detainee Families
Date of Document:
29 May 2018
Accessed Date:
12 December 2019
Title:
National report submitted in accordance with paragraph 5 of the annex Human Rights Council resolution 16/21: Democratic People's Republic of Korea
Code:
A/HRC/WG.6/33/PRK/1
Source:
Democratic People's Republic of Korea
Date of Document:
20 February 2019
Accessed Date:
12 December 2019
Title:
Summary of Stakeholders' submissions on the Democratic People's Republic of Korea
Code:
A/HRC/WG.6/33/PRK/3
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
18 February 2019
Accessed Date:
12 December 2019
Title:
Situation of human rights in the Democratic People's Republic of Korea: Report of the Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, Tomás Ojea Quintana
Source:
United Nations. Human Rights Council.
Date of Document:
2 July 2021
Accessed Date:
6 January 2022
Title:
Situation of human rights in the Democratic People's Republic of Korea: Report of the Secretary-General
Source:
United Nations. General Assembly.
Date of Document:
28 July 2021
Accessed Date:
6 January 2022
Title:
Situation of human rights in the Democratic People's Republic of Korea: Note by the Secretary-General
Source:
United Nations. General Assembly.
Date of Document:
8 October 2021
Accessed Date:
6 January 2022
Title:
Situation of human rights in the Democratic People's Republic of Korea: Note by the Secretary-General
Source:
United Nations. General Assembly.
Date of Document:
13 October 2022
Accessed Date:
22 February 2023
3.
Identification Documents and Citizenship
Title:
Nationality Law of the Democratic People's Republic of Korea (DPRK)
Source:
Democratic People's Republic of Korea
Accessed Date:
20 January 2020
Title:
Settlement Support for North Korean Defectors. 2022 Unification White Paper.
Source:
Republic of Korea. Ministry of Unification.
Accessed Date:
10 February 2023
Title:
North Korean Refugees Protection and Settlement Support Act (amended 2021)
Source:
Republic of Korea
Accessed Date:
22 February 2023
Title:
Republic of Korea and Democratic People's Republic of Korea: Requirements and procedures for citizens of the Democratic People's Republic of Korea (North Korea) to obtain citizenship in the Republic of Korea (South Korea), including whether there ar...
Source:
Immigration and Refugee Board of Canada
Date of Document:
3 February 2023
Accessed Date:
27 February 2023
Title:
Chapter V: Fundamental Rights and Duties of Citizens. Korea (Democratic People's Republic of)'s Constitution of 1972 with Amendments through 2016
Source:
Democratic People's Republic of Korea; Comparative Constitutions Project
Accessed Date:
13 February 2023
Title:
North Korea. U.S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
Accessed Date:
22 February 2023
4.
Political Activities and Organizations - (No items in this section)
5.
Gender, Domestic Violence and Children
Title:
“You Cry at Night but Don't Know Why”: Sexual Violence against Women in North Korea
Source:
Human Rights Watch
Date of Document:
1 November 2018
Accessed Date:
12 December 2019
Title:
Lost Generation: The Health and Human Rights of North Korean Children, 1990–2018
Source:
Committee for Human Rights in North Korea
Date of Document:
18 October 2019
Author:
W. Courtland Robinson et al.
Accessed Date:
4 January 2021
Title:
'I still feel the pain…': Human rights violations against women detained in the Democratic People's Republic of Korea
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
28 July 2020
Accessed Date:
4 January 2021
6.
Sexual Minorities - (No items in this section)
7.
Criminality and Corruption
Title:
Illicit: North Korea's Evolving Operations to Earn Hard Currency
Source:
Committee for Human Rights in North Korea
Author:
Sheena Chestnut Greitens
Accessed Date:
19 July 2016
Title:
Democratic People's Republic of Korea: Tier 3. Trafficking in Persons Report 2022.
Source:
United States. Department of State.
Date of Document:
19 July 2022
Accessed Date:
13 February 2023
Title:
Section 8: Party-Military Relations. North Korea's Organization and Guidance Department: The Control Tower on Human Rights Denial.
Source:
Committee for Human Rights in North Korea
Date of Document:
18 September 2019
Accessed Date:
12 December 2019
Title:
Army of the Indoctrinated: The Suryong, the Soldier, and Information in the KPA
Source:
Committee for Human Rights in North Korea
Author:
George Hutchinson
Accessed Date:
13 February 2023
9.
Judiciary, Legal and Penal Systems
Title:
Gulag, Inc.: The Use of Forced Labor in North Korea's Export Industries
Source:
Committee for Human Rights in North Korea
Date of Document:
26 May 2016
Accessed Date:
19 July 2016
Title:
Update: Overview of the North Korean Legal System and Legal Research
Date of Document:
May 2019
Author:
Patricia Goedde; Martin Weiser
Accessed Date:
12 December 2019
Title:
Mapping the Fate of the Dead: Killings and Burials in North Korea
Source:
Transitional Justice Working Group
Date of Document:
June 2019
Author:
Sarah A. Son et al.
Accessed Date:
12 December 2019
Title:
“Worth Less Than an Animal”: Abuses and Due Process Violations in Pretrial Detention in North Korea
Source:
Human Rights Watch
Date of Document:
19 October 2020
Accessed Date:
4 January 2021
Title:
Report: Inquiry on Crimes Against Humanity in North Korean Detention Centers
Source:
International Bar Association; Committee for Human Rights in North Korea
Date of Document:
June 2022
Accessed Date:
13 February 2023
10.
Police and Security Forces - (No items in this section)
Title:
Connection Denied: Restrictions on mobile phones and outside information in North Korea
Source:
Amnesty International
Date of Document:
9 March 2016
Accessed Date:
19 July 2016
Title:
Democratic People's Republic of Korea (DPRK). International Religious Freedom Report for 2021.
Source:
United States. Department of State.
Date of Document:
2 June 2022
Accessed Date:
13 February 2023
Title:
North Korea. United States Commission on International Religious Freedom. 2022 Annual Report.
Source:
United States. Commission on International Religious Freedom.
Date of Document:
April 2022
Accessed Date:
13 February 2023
13.
Nationality, Ethnicity and Race
Title:
North Korea. World Directory of Minorities and Indigenous Peoples.
Source:
Minority Rights Group International
Date of Document:
January 2018
Accessed Date:
6 January 2022
14.
Exit/Entry and Freedom of Movement
Title:
North Korean Refugees in China. Annual Report 2021.
Source:
United States. Congressional-Executive Commission on China.
Accessed Date:
13 February 2023
Title:
South Korea deports two from North to likely abuse
Source:
Human Rights Watch
Date of Document:
12 November 2019
Accessed Date:
13 February 2023
Title:
Number of North Korean defectors drops to lowest level in two decades
Source:
Center for Strategic & International Studies
Date of Document:
27 January 2021
Accessed Date:
6 January 2022
Title:
The UN's Human Security Challenge: The Plight of North Korean Refugees in China
Source:
Journal of International Politics
Accessed Date:
6 January 2022
Title:
China Restarts Forced Returns of Refugees to North Korea
Source:
Human Rights Watch
Date of Document:
22 July 2021
Accessed Date:
6 January 2022
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 May 2022:
Title:
Korea, North. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
12 January 2022
URL:
https://www.cia.gov/the-world-factbook/countries/korea-north/
Accessed Date:
19 January 2022
Title:
BTI 2020 Country Report — North Korea
URL:
https://bti-project.org/en/reports/country-report/PRK
Accessed Date:
4 January 2021
Title:
North Korea. Amnesty International Report 2020/21: The State of the World's Human Rights.
Source:
Amnesty International
Date of Document:
7 April 2021
URL:
https://www.amnesty.org/en/wp-content/uploads/2021/06/POL1032022021ENGLISH.pdf
Accessed Date:
6 January 2022
Title:
North Korea. World Report 2022: Events of 2021.
Source:
Human Rights Watch
Date of Document:
January 2022
URL:
https://www.hrw.org/world-report/2022/country-chapters/north-korea
Accessed Date:
19 January 2022
Title:
North Korea. Freedom in the World 2021.
URL:
https://freedomhouse.org/country/north-korea/freedom-world/2021
Accessed Date:
6 January 2022
Title:
Settlement Support for North Korean Defectors. 2021 Unification White Paper.
Source:
Republic of Korea. Ministry of Unification.
Date of Document:
April 2021
URL:
https://www.uniedu.go.kr/uniedu/home/cms/page/white_paper/view.do?mid=SM00000763
Accessed Date:
19 January 2022
Title:
North Korean Refugees Protection and Settlement Support Act (amended 2021)
Source:
Republic of Korea
URL:
https://www.law.go.kr/LSW/eng/engLsSc.do?menuId=2&query=NORTH+KOREAN+REFUGEES+PROTECTION+AND+SETTLEMENT+SUPPORT+ACT#AJAX
Accessed Date:
6 January 2022
Title:
Republic of Korea and Democratic People's Republic of Korea: Requirements and procedures for citizens of the Democratic People's Republic of Korea (North Korea) to obtain citizenship in the Republic of Korea (South Korea), including whether there ...
Source:
Immigration and Refugee Board of Canada
Date of Document:
18 February 2020
URL:
https://irb-cisr.gc.ca/en/country-information/rir/Pages/index.aspx?doc=458032
Accessed Date:
27 February 2020
Title:
Chapter V: Fundamental Rights and Duties of Citizens. Korea (Democratic People's Republic of)'s Constitution of 1972 with Amendments through 2016
Source:
Democratic People's Republic of Korea; Comparative Constitutions Project
URL:
https://www.constituteproject.org/constitution/Peoples_Republic_of_Korea_2016.pdf?lang=en
Accessed Date:
4 January 2021
Title:
Korea, Democratic People's Republic of. U.S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
URL:
https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/KoreaDemocraticPeoplesRepublicof.html
Accessed Date:
6 January 2022
Title:
Democratic People's Republic of Korea: Tier 3. Trafficking in Persons Report 2021.
Source:
United States. Department of State.
Date of Document:
1 July 2021
URL:
https://www.state.gov/reports/2021-trafficking-in-persons-report/north-korea/
Accessed Date:
6 January 2022
Title:
Democratic People's Republic of Korea. International Religious Freedom Report for 2020.
Source:
United States. Department of State.
Date of Document:
12 May 2021
URL:
https://www.state.gov/reports/2020-report-on-international-religious-freedom/north-korea/
Accessed Date:
6 January 2022
Title:
North Korea. United States Commission on International Religious Freedom Annual Report 2021.
Source:
United States. Commission on International Religious Freedom.
Date of Document:
April 2021
URL:
https://www.uscirf.gov/sites/default/files/2021-05/North%20Korea%20Chapter%20AR2021.pdf
Accessed Date:
6 January 2022
Title:
North Korean Refugees in China. Annual Report 2020.
Source:
United States. Congressional-Executive Commission on China.
Date of Document:
12 January 2021
URL:
https://www.cecc.gov/sites/chinacommission.house.gov/files/documents/NORTH%20KOREAN%20REFUGEES%20UPDATED%201214.pdf
Accessed Date:
6 January 2022
Title:
North Korea. Administrative Divisions.
Source:
United States. Central Intelligence Agency.
URL:
http://www.lib.utexas.edu/maps/middle_east_and_asia/korea_north_admin_2005.pdf
Accessed Date:
26 October 2012
Title:
Situation of human rights in the Democratic People's Republic of Korea: Report of the Secretary-General
Source:
United Nations. General Assembly.
Date of Document:
30 July 2020
URL:
https://undocs.org/en/A/75/271
Accessed Date:
4 January 2021
Title:
The situation of citizens of the Democratic People's Republic of Korea (North Korea) who approach embassies of the Republic of Korea (South Korea) in Canada or in other countries to request citizenship; whether North Koreans are automatically...
Source:
Immigration and Refugee Board of Canada
Date of Document:
18 December 2012
URL:
https://irb-cisr.gc.ca/en/country-information/rir/Pages/index.aspx?doc=454329
Accessed Date:
28 August 2013
Title:
Processing times for North Koreans to obtain South Korean citizenship and passports; whether there are any restrictions on international travel for North Koreans who have defected to South Korea
Source:
Immigration and Refugee Board of Canada
Date of Document:
1 March 2012
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=453875
Accessed Date:
26 October 2012
Title:
Whether defectors from North Korea are monitored by South Korean authorities in South Korea; if so, the nature of the monitoring and whether it continues after North Koreans obtain South Korean citizenship; whether defectors who object...
Source:
Immigration and Refugee Board of Canada
Date of Document:
1 March 2012
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=453873
Accessed Date:
26 October 2012
Title:
Nationality Law of the Democratic People's Republic of Korea (DPRK)
Source:
Democratic People's Republic of Korea
URL:
https://www.refworld.org/docid/58d3c5f24.html
Accessed Date:
20 January 2020
Source:
United States. Central Intelligence Agency.
URL:
https://www.cia.gov/static/76a1997f1fad84ba79f8594486f7ff6b/North_Korea_Transportation.jpg
Accessed Date:
13 February 2023
Title:
North Korea : Covid-19 used as pretext to seal border
Source:
Human Rights Watch
Date of Document:
17 November 2022
URL:
https://www.hrw.org/news/2022/11/17/north-korea-covid-19-used-pretext-seal-border
Accessed Date:
10 February 2023
Title:
Situation of human rights in the Democratic People's Republic of Korea: Report of the Secretary-General
Source:
United Nations. General Assembly.
Date of Document:
29 July 2022
URL:
https://www.undocs.org/en/A/77/247
Accessed Date:
10 February 2023
Title:
Situation of human rights in the Democratic People's Republic of Korea: Note by the Secretary-General
Source:
United Nations. General Assembly.
Date of Document:
13 October 2022
URL:
https://www.undocs.org/en/A/77/522
Accessed Date:
22 February 2023
Title:
Army of the Indoctrinated: The Suryong, the Soldier, and Information in the KPA
Source:
Committee for Human Rights in North Korea
Author:
George Hutchinson
URL:
https://www.hrnk.org/uploads/pdfs/Hutchinson_KPA_web_0426.pdf
Accessed Date:
13 February 2023
Title:
Report: Inquiry on Crimes Against Humanity in North Korean Detention Centers
Source:
International Bar Association; Committee for Human Rights in North Korea
Date of Document:
June 2022
URL:
https://www.hrnk.org/uploads/pdfs/Report%20Findings%20Inquiry%20on%20Crimes%20Against%20Humanity.pdf
Accessed Date:
13 February 2023
Title:
South Korea deports two from North to likely abuse
Source:
Human Rights Watch
Date of Document:
12 November 2019
URL:
https://www.hrw.org/news/2019/11/12/south-korea-deports-two-north-likely-abuse
Accessed Date:
13 February 2023
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,
- the content accessed by these links,
- the availability of external content in both English and French,
- any other part of a third party website.
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.