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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
21 December 2012
TUNISIA
List of Documents
1
General Information and Maps
1.4
The Europa World Year Book 2012. 2012. "Tunisia,"
pp. 4546-4566. London: Routledge. [Electronic version not available. Hard copy may be viewed in IRB regional offices.]
Keywords: country overview
2.1
United States. 24 May 2012. Department of State.
"Tunisia." Country Reports on Human Rights Practices for 2011.
Keywords: arbitrary arrest and detention; children; citizenship; corruption; crime; domestic violence; election; freedom of assembly; freedom of expression; freedom of the press; gender equality; government corruption; Internet; judicial corruption; labour; legal system; legislation; marriage; military service; minorities; penal system; police corruption; police/security forces; political prisoners; religion; sexual minorities; sexual violence; torture
2.2
Amnesty International. 2012.
"Tunisia." Amnesty International Report 2012: The State of the World's Human Rights.
Keywords: corruption; crime; election; freedom of expression; freedom of the press; gender equality; human rights activists; judicial corruption; judicial efficacy; legislation; military service; police corruption; police/security forces; police/security forces complaints; political activities; political prisoners; sexual violence; torture
2.4
Human Rights Watch. January 2012.
"Tunisia." World Report 2012: Events of 2011.
Keywords: arbitrary arrest and detention; children; citizenship; freedom of assembly; freedom of expression; freedom of the press; gender equality; judicial corruption; legal system; legislation; marriage; police/security forces; police/security forces complaints; political activities; political organizations; religion; torture
2.6
Observatory for the Protection of Human Rights Defenders. September 2011.
"Tunisia." Steadfast in Protest: Annual Report 2011,
pp. 569-578.
Keywords: arbitrary arrest and detention; crime; freedom of assembly; freedom of expression; freedom of the press; gender equality; human rights activists; Internet; judicial corruption; legal system; legislation; police corruption; police/security forces; police/security forces complaints; state surveillance; torture; warrants
2.8
Freedom House. 2012. Laryssa Chomiak.
"Tunisia." Countries at the Crossroads 2012.
Keywords: corruption; country overview; crime; election; extremist/terrorist organizations; freedom of assembly; freedom of expression; freedom of the press; gender equality; government corruption; institutional efficacy; Internet; judicial corruption; judicial efficacy; legal system; legislation; military service; minorities; police corruption; police/security forces; police/security forces complaints; political activities; political organizations; religion; sexual minorities
2.9
Freedom House. 2012.
"Tunisia." Freedom in the World 2012.
Keywords: citizenship; country overview; election; family law; freedom of expression; freedom of movement; freedom of the press; gender equality; Internet; judicial corruption; judicial efficacy; labour; minorities; police/security forces; political organizations; religion
3
Identification Documents and Citizenship
3.2
TUN101781.FE. 13 October 2006. The passport; procedures for obtaining a passport.
Keywords: children; identity documents
4
Political Activities and Organizations
4.1
Political Handbook of the World 2012. 2012. "Tunisia." Edited by Tom Lansford. Washington, DC: CQ Press. [Electronic version not available. Hard copy may be viewed in IRB regional offices.]Keywords: country overview; political activities; political opposition; political organizations
4.3
TUN100672.E. 1 November 2005. The General Union of Tunisian Students (
l'Union générale des étudiants tunisiens, UGET) (2003-2005).
Keywords: arbitrary arrest and detention; disappeared persons; freedom of assembly; political organizations; political prisoners; torture
4.4
United States. 18 June 2012. Congressional Research Service. Alexis Arrief.
Political Transition in Tunisia. (RS21666)
Keywords: corruption; crime; election; extremist/terrorist organizations; freedom of expression; labour; legislation; military service; minorities; police/security forces; political activities; political opposition; political organizations; religion
4.5
Council of Europe. 7 June 2012. Parliamentary Assembly. "
Political Transition in Tunisia." (Doc. 12949)
Keywords: corruption; crime; election; extremist/terrorist organizations; freedom of expression; freedom of the press; gender equality; judicial efficacy; labour; marriage; military service; minorities; police/security forces; political activities; political opposition; political organizations; religion
4.6
TUN42514.FE. 17 March 2004. The General Union of Tunisian Students (
Union générale des étudiants tunisiens, UGET), including the general characteristics of membership cards and whether there is a UGET division in France; if so, a comparison of the cards issued in Tunisia and those issued in France; the current situation of UGET members (March 2004).
Keywords: identity documents; labour; political organizations
4.7
TUN104156.FE. 18 July 2012. Treatment of members of the Constitutional Democratic Rally (RCD) since the fall of President Ben Ali; state protection provided.
Keywords: corruption; crime; election; legal system; legislation; police/security forces; political activities; political organizations
5
Gender, Domestic Violence and Children
5.3
TUN101782.FE. 28 September 2006. Situation of a woman who has a child out of wedlock; the attitude of the mother's family and of Tunisian society toward the mother and her child.
Keywords: children; citizenship; marriage
5.4
TUN103273.FE. 24 November 2009. Domestic violence, legislation and protection available to victims (2007-2009).
Keywords: domestic violence; legal system; legislation; social services
5.5
Office national de la famille et de la population and Spanish Agency for International Development Cooperation. December 2010.
Enquête nationale sur la violence à l'égard des femmes en Tunisie,
pp. 37-62.
Keywords: domestic violence; family law; gender-based violence; gender equality; labour; sexual violence; social services; statistics
6.1
TUN103274.FE. 23 November 2009. The status of homosexual men and women, including their treatment; the laws dealing with homosexuality, protection offered by the State and the availability of support services.
Keywords: legislation; police/security forces; sexual minorities
7
Criminality and Corruption - (No items in this section)
8
Military Service Issues
8.1
TUN101783.FE. 13 October 2006. Military service; possibility of alternative military service; deferral and exemption; penalties for refusing to perform military service.
Keywords: identity documents; legal system; military service
8.2
TUN102956.FE. 11 September 2008. Penalties incurred by a Tunisian citizen who did not perform military service in the past and who has now passed the age of mandatory military service.
Keywords: military service
9
Judiciary, Legal and Penal Systems - (No items in this section)
10
Police and Security Forces
11.1
Freedom House. 2012.
"Tunisia." Freedom of the Press 2012.
Keywords: extremist/terrorist organizations; freedom of expression; freedom of the press; Internet; legislation; police/security forces; police/security forces complaints
13
Nationality, Ethnicity and Race - (No items in this section)
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 15 June 2012:
Updated
- 1.4) The Europa World Year Book 2011. 2011. "Tunisia," pp. 4539-4558. London: Routledge. [Electronic version not available. Hard copy may be viewed in IRB regional offices.]
- 2.2) Amnesty International. 2011. "Tunisia." Amnesty International Report 2011: The State of the World's Human Rights.
- 2.4) Human Rights Watch. January 2011. "Tunisia." World Report 2011: Events of 2010.
- 2.9) Freedom House. 2011. "Tunisia." Freedom in the World 2011.
- 3.3) United States. N.d. Department of State. "Tunisia Reciprocity Schedule."
- 4.1) Political Handbook of the World 2011. 2011. "Tunisia." Edited by Thomas C. Muller, William R. Overstreet, Judith F. Isacoff and Tom Lansford. Washington, DC: CQ Press.
- 4.4) United States. 2 February 2011. Congressional Research Service. Political Transition in Tunisia. (RS21666) (United Nations Refworld)
- 11.1) Freedom House. 2011. "Tunisia." Freedom of the Press 2011.
- 12.1) United States. 13 September 2011. Department of State. "Tunisia." International Religious Freedom Report July-December 2010.
Removed
- 2.3) Human Rights Watch. March 2010. "Repression of Former Political Prisoners in Tunisia: 'A Larger Prison'."
- 2.5) Amnesty International. July 2010. "Independent Voices Stifled in Tunisia." (MDE 30/008/2010)
- 2.7) Amnesty International. August 2009. Tunisia: Continuing Abuses in the Name of Security. (MDE 30/010/2009)
- 2.8) Conseil national pour les libertés en Tunisie and Ligue tunisienne pour la défense des droits de l'homme. 16 March 2009. Tunisie : rapport de suivi des observations finales du Comité des droits de l'homme. (CCPR/C/TUN/CO/6) (Centre for Civil and Political Rights)
- 2.9) United Nations. 4 April 2011. United Nations High Commissioner for Refugees. Update No. 16 - Humanitarian Situation in Libya and the Neighbouring Countries.
- 3.1) Tunisia. 1970 (amended 1984). Code de la nationalité tunisienne. (United Nations High Commissioner for Refugees)
- 4.5) Human Rights Watch. 23 October 2009. "Tunisia: Elections in an Atmosphere of Repression."
- 4.7) Amnesty International. 2 August 2011. "Q&A: Accountability in Tunisia and Egypt." (MDE 03/001/2011)
- 4.8) Voice of America. 28 October 2011. Edward Yeranian. "Protests Erupt in Tunisia over Election Results."
- 9.1) Amnesty International. 1 September 2011. "Three Men Released; One Still Detained." (MDE 30/018/2011)
- 10.1) Human Rights Watch. 31 January 2011. "Tunisia: End Police Attacks on Protesters."
- 11.2) International Freedom of Expression Exchange. June 2010. Tunisia Monitoring Group. Behind the Facade: How a Politicised Judiciary and Administrative Sanctions Undermine Tunisian Human Rights.
- 11.3) Human Rights Watch. 29 June 2011. "Tunisia: Police Inaction Allowed Assault on Film Screening."
- 14.1) Afrik.com. 27 June 2009. Wicem Souissi. "Les exilés politiques tunisiens s'organisent."
Added
- 2.3) United Nations. 14 March 2012. Human Rights Council. Report of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, Martin Scheinin. Addendum: Mission to Tunisia. (A/HRC/20/14/Add.1).
- 2.5) Human Rights Watch. 16 July 2012. Eric Goldstein. "Human Rights and Culture Wars in the New Tunisia."
- 2.7) United Nations. 2 February 2012. Human Rights Council. Report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez. Addendum: Mission to Tunisia. (A/HRC/19/61/Add.1)
- 2.8) Freedom House. 2012. Laryssa Chomiak. "Tunisia." Countries at the Crossroads 2012.
- 3.1) Tunisia. 1963 (amended 2010). Code de la nationalité tunisienne.
- 4.5) Council of Europe. 7 June 2012. Parliamentary Assembly. "Political Transition in Tunisia." (Doc. 12949).
- 4.7) TUN104156.FE. 18 July 2012. Treatment of members of the Constitutional Democratic Rally (RCD) since the fall of President Ben Ali; state protection provided.
- 5.5) Office national de la famille et de la population and Spanish Agency for International Development Cooperation. December 2010. Enquête nationale sur la violence à l'égard des femmes en Tunisie, pp. 37-62.
- 10.1) Amnesty International. 10 April 2012. "Tunisia Urged to Investigate Police Violence Against Protesters."
- 11.2) Article 19. 3 May 2012. "Tunisia: World Press Freedom Day Highlights Lack of Progress on Media Reform."
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
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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
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