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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
30 April 2018
SOUTH SUDAN
List of Documents
1.
General Information and Maps
Source:
United Nations. Cartographic Section.
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:
10 April 2018
Accessed Date:
16 April 2018
Title:
Report of the Secretary-General on South Sudan (covering the period from 15 November 2017 to 16 February 2018)
Source:
United Nations. Security Council.
Date of Document:
28 February 2018
Accessed Date:
16 April 2018
Title:
Protection Trends in South Sudan (January-April 2017)
Source:
United Nations High Commissioner for Refugees. South Sudan Protection Cluster.
Date of Document:
May 2017
Accessed Date:
16 April 2018
Title:
South Sudan. 2018 Humanitarian Needs Overview.
Source:
United Nations. Office for the Coordination of Humanitarian Affairs.
Date of Document:
November 2017
Accessed Date:
3 April 2018
Title:
South Sudan. Country Reports on Human Rights Practices for 2017.
Source:
United States. Department of State.
Date of Document:
20 April 2018
Accessed Date:
24 April 2018
Title:
South Sudan. World Report 2018: Events of 2017.
Source:
Human Rights Watch
Date of Document:
January 2018
Accessed Date:
3 April 2018
Title:
South Sudan. Freedom in the World 2017.
Accessed Date:
3 April 2018
Title:
South Sudan. Amnesty International Annual Report 2017/2018: The State of the World's Human Rights.
Source:
Amnesty International
Date of Document:
22 February 2018
Accessed Date:
3 April 2018
Title:
Report of the Commission on Human Rights in South Sudan
Source:
United Nations. Human Rights Council.
Date of Document:
23 February 2018
Accessed Date:
16 April 2018
Title:
Conflict in South Sudan and the Challenges Ahead
Source:
United States. Congressional Research Service.
Date of Document:
22 September 2016
Author:
Lauren Ploch Blanchard
Accessed Date:
13 March 2017
Title:
Assessment mission by the Office of the United Nations High Commissioner for Human Rights to improve human rights, accountability, reconciliation and capacity in South Sudan: detailed findings
Source:
United Nations. Human Rights Council.
Date of Document:
10 March 2016
Accessed Date:
15 March 2016
Keywords:
arbitrary arrest and detention; children; conflict; country overview; domestic violence; ethnic and national groups; freedom of assembly; freedom of expression; freedom of movement; freedom of the press; gender equality; gender-based violence; humanitarian situation; internal displacement; legal system; legislation; penal system; sexual violence
Title:
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21: South Sudan
Code:
A/HRC/WG.6/26/SSD/1
Date of Document:
23 August 2016
Accessed Date:
13 March 2017
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:
The Right to a Nationality and the Secession of South Sudan: A Commentary on the Impact of the New Laws
Source:
Open Society Foundations
Date of Document:
June 2012
Accessed Date:
3 April 2018
Title:
The Nationality Act, 2011
Accessed Date:
13 March 2017
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:
13 March 2017
4.
Political Activities and Organizations
Title:
I. Political Transformation. Transformation Index 2018 Country Report: South Sudan.
Source:
Bertelsmann Stiftung
Accessed Date:
16 April 2018
Title:
South Sudan: Rearranging the Chessboard. Africa Report N°243.
Source:
International Crisis Group
Date of Document:
20 December 2016
Accessed Date:
13 March 2017
Title:
Spreading fallout: The collapse of the ARCSS and new conflict along the Equatorias-DRC border
Source:
Graduate Institute of International and Development Studies. Small Arms Survey.
Date of Document:
May 2017
Accessed Date:
3 April 2018
Title:
Isolation and Endurance: Riek Machar and the SPLM-IO in 2016-17
Source:
Graduate Institute of International and Development Studies. Small Arms Survey.
Date of Document:
October 2017
Accessed Date:
16 April 2018
5.
Gender, Domestic Violence and Children
Title:
Legal Provisions Relating to Gender Equality & Gender Based Violence in South Sudan
Source:
Human Rights Initiative
Date of Document:
August 2017
Accessed Date:
3 April 2018
Title:
No Safe Place: A Lifetime of Violence for Conflict-Affected Women and Girls in South Sudan
Source:
George Washington University. Global Women's Institute. et al.
Date of Document:
29 November 2017
Accessed Date:
3 April 2018
Title:
'Do Not Remain Silent': Survivors of Sexual Violence in South Sudan Call for Justice and Reparations
Source:
Amnesty International
Date of Document:
24 July 2017
Accessed Date:
3 April 2018
Title:
South Sudan. State-Sponsored Homophobia 2017: A world survey of sexual orientation laws: criminalisation, protection and recognition.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
May 2017
Author:
Aengus Carroll; Lucas Ramón Mendos
Accessed Date:
3 April 2018
7.
Criminality and Corruption
Title:
South Sudan: Tier 3. Trafficking in Persons Report 2017.
Source:
United States. Department of State.
Date of Document:
June 2017
Accessed Date:
16 April 2018
Title:
Social Media and Conflict in South Sudan: A Lexicon of Hate Speech Terms
Date of Document:
December 2016
Accessed Date:
3 April 2018
Title:
Reports of forcible recruitment and military conscription by the government and armed groups (2014- December 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
21 December 2015
Accessed Date:
22 April 2016
Keywords:
children; conflict; humanitarian situation
9.
Judiciary, Legal and Penal Systems
Title:
Exploring Primary Justice in South Sudan: Challenges, concerns, and elements that work
Source:
Leiden University
Accessed Date:
13 March 2017
10.
Police and Security Forces
Title:
Policing in South Sudan: Transformation Challenges and Priorities
Source:
Graduate Institute of International and Development Studies. Small Arms Survey.
Date of Document:
April 2017
Accessed Date:
3 April 2018
Title:
“Soldiers Assume We Are Rebels”: Escalating Violence and Abuses in South Sudan's Equatorias
Source:
Human Rights Watch
Date of Document:
1 August 2017
Accessed Date:
3 April 2018
Title:
South Sudan. Freedom in the Press 2016.
Accessed Date:
13 March 2017
Title:
South Sudan. International Religious Freedom Report 2016.
Source:
United States. Department of State.
Date of Document:
15 August 2017
Accessed Date:
3 April 2018
13.
Nationality, Ethnicity and Race
Title:
South Sudan. State of the World's Minorities and Indigenous Peoples 2016: Events of 2015.
Source:
Minority Rights Group International
Date of Document:
July 2016
Accessed Date:
13 March 2017
Title:
'It was as if my Village was Swept by a Flood': Mass Displacement of the Shilluk Population from the West Bank of the White Nile
Source:
Amnesty International
Date of Document:
21 June 2017
Accessed Date:
3 April 2018
14.
Exit/Entry and Freedom of Movement
Title:
Report of the Special Rapporteur on the human rights of internally displaced persons - Mission to South Sudan
Source:
United Nations. Human Rights Council.
Date of Document:
16 June 2016
Accessed Date:
13 March 2017
Title:
Treatment of failed refugee claimants returned to South Sudan (2013 - November 2016)
Source:
Immigration and Refugee Board of Canada
Date of Document:
19 December 2016
Accessed Date:
21 April 2017
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 28 April 2017:
Title:
South Sudan. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
12 January 2017
URL:
https://www.cia.gov/library/publications/the-world-factbook/geos/od.html
Accessed Date:
21 April 2017
Title:
Report of the Secretary-General on South Sudan (covering the period from 1 April to 3 June 2016)
Source:
United Nations. Security Council.
Date of Document:
20 June 2016
URL:
http://www.un.org/ga/search/viewm_doc.asp?symbol=S/2016/552
Accessed Date:
6 April 2017
Title:
Protection Trends in South Sudan (April-September 2016)
Source:
Protection Cluster South Sudan
Date of Document:
November 2016
URL:
http://reliefweb.int/sites/reliefweb.int/files/resources/south_sudan_protection_trends_report_april_sep2016_10112016.pdf
Accessed Date:
6 April 2017
Title:
South Sudan. Country Reports on Human Rights Practices for 2016.
Source:
United States. Department of State.
Date of Document:
3 March 2017
URL:
http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2016&dlid=265304
Accessed Date:
7 March 2017
Title:
South Sudan. World Report 2017: Events of 2016.
Source:
Human Rights Watch
Date of Document:
January 2017
URL:
https://www.hrw.org/world-report/2017/country-chapters/south-sudan
Accessed Date:
13 March 2017
Title:
South Sudan. Freedom in the World 2016.
URL:
https://freedomhouse.org/report/freedom-world/2016/south-sudan
Accessed Date:
13 March 2017
Title:
South Sudan. Amnesty International Annual Report 2016/17: The State of the World's Human Rights.
Source:
Amnesty International
URL:
https://www.amnesty.org/en/countries/africa/south-sudan/report-south-sudan/
Accessed Date:
21 April 2017
Title:
Political Transformation. Bertelsmann Stiftung, BTI 2016 South Sudan Country Report
Source:
Gütersloh: Bertelsmann Stiftung
URL:
http://www.bti-project.org/en/reports/country-reports/detail/itc/SSD/
Accessed Date:
15 March 2016
Keywords:
armed groups; freedom of expression; humanitarian situation; legislation; political organizations; religion
Title:
South Sudan. State Sponsored Homophobia 2016: A world survey of sexual orientation laws: criminalisation, protection and recognition.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
October 2016
URL:
http://ilga.org/downloads/02_ILGA_State_Sponsored_Homophobia_2016_ENG_WEB_150516.pdf
Accessed Date:
13 March 2017
Title:
South Sudan (Tier 3). Trafficking in Persons Report 2016.
Source:
United States. Department of State.
Date of Document:
June 2016
URL:
https://www.state.gov/j/tip/rls/tiprpt/countries/2016/258861.htm
Accessed Date:
21 April 2017
Title:
South Sudan. International Religious Freedom Report 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=256073
Accessed Date:
13 March 2017
Title:
South Sudan Conflict Update
Source:
Armed Conflict and Location and Event Dataset
Date of Document:
July 2016
URL:
http://www.acleddata.com/wp-content/uploads/2016/07/ACLED_Africa_Country-Reports_South-Sudan_July-2016_pdf.pdf
Accessed Date:
6 April 2017
Title:
Final Report of the African Union Commission of Inquiry on South Sudan
Source:
African Union. Commission of Inquiry on South Sudan.
Date of Document:
23 February 2018
URL:
https://reliefweb.int/sites/reliefweb.int/files/resources/A_HRC_37_71_0.pdf
Accessed Date:
15 March 2016
Keywords:
arbitrary arrest and detention; children; conflict; corruption; country overview; gender-based violence; humanitarian situation; internal displacement; judicial efficacy; legal system; legislation; minorities; penal system; police/security forces; political organizations
Title:
A Report on Violations and Abuses of International Human Rights Law and Violations of International Humanitarian Law in the Context of the Fighting in Juba, South Sudan, in July 2016
Source:
United Nations. Office of the High Commissioner for Human Rights.; United Nations. Mission in the Republic of South Sudan.
Date of Document:
January 2017
URL:
http://www.ohchr.org/Documents/Countries/SS/ReportJuba16Jan2017.pdf
Accessed Date:
13 March 2017
Title:
South Sudan: Conflict and Impunity: Amnesty International Submission to the UN Universal Periodic Review, November 2016
Source:
Amnesty International
Date of Document:
9 August 2016
URL:
https://www.amnesty.org/en/documents/afr65/4632/2016/en/
Accessed Date:
13 March 2017
Title:
Sudan: Citizenship Changed for Residents from the South
Source:
United States. Library of Congress. Global Legal Monitor.
Date of Document:
20 July 2011
Author:
Constance Johnson
URL:
http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205402753_text
Accessed Date:
11 February 2013
Keywords:
citizenship; internal displacement; labour; legislation
Title:
A State of Disunity: Conflict Dynamics in Unity State, South Sudan, 2013–15
Source:
Small Arms Survey
Date of Document:
December 2016
Author:
Joshua Craze et al.
URL:
http://www.smallarmssurveysudan.org/fileadmin/docs/working-papers/HSBA-WP42-Unity-Dec-2016.pdf
Accessed Date:
13 March 2017
Title:
Situation Assessment of Children and Women in South Sudan
Source:
United Nations. Children's Fund.
Date of Document:
24 March 2016
URL:
http://reliefweb.int/report/south-sudan/situation-assessment-children-and-women-south-sudan-2015
Accessed Date:
19 April 2016
Keywords:
abduction; armed groups; children; conflict; country overview; ethnic and national groups; extralegal executions/killings; family law; freedom of movement; gender equality; gender-based violence; identity documents; institutional efficacy; internal displacement; judicial efficacy; labour; legal system; legislation; map; marriage; penal system; political activities; political organizations; sexual violence; social services; statistics
Title:
Violence Begets Violence: Justice and Accountability for Sexual and Gender-Based Offences in South Sudan
Date of Document:
May 2016
URL:
http://justiceafrica.org/wp-content/uploads/2016/08/Violence-Begets-Violence-SGBV-South-Sudan-Draft1.pdf
Accessed Date:
13 March 2017
Title:
“We Can Die Too”: Recruitment and Use of Child Soldiers in South Sudan
Source:
Human Rights Watch
Date of Document:
14 December 2015
URL:
https://www.hrw.org/report/2015/12/14/we-can-die-too/recruitment-and-use-child-soldiers-south-sudan
Accessed Date:
13 March 2017
Title:
“We Did Not Believe We Would Survive”: Killings, Rape and Looting in Juba
Source:
Amnesty International
Date of Document:
24 October 2016
URL:
https://www.amnesty.org/en/documents/afr65/5028/2016/en/
Accessed Date:
13 March 2017
Title:
South Sudan: New Spate of Ethnic Killings
Source:
Human Rights Watch
Date of Document:
14 April 2017
URL:
https://www.hrw.org/news/2017/04/14/south-sudan-new-spate-ethnic-killings
Accessed Date:
21 April 2017
Title:
South Sudan. 2018 Humanitarian Needs Overview.
Source:
United Nations. Office for the Coordination of Humanitarian Affairs.
Date of Document:
November 2017
URL:
https://reliefweb.int/sites/reliefweb.int/files/resources/South_Sudan_2018_Humanitarian_Needs_Overview.pdf
Accessed Date:
3 April 2018
Title:
Report of the Commission on Human Rights in South Sudan
Source:
United Nations. Human Rights Council.
Date of Document:
23 February 2018
URL:
https://reliefweb.int/sites/reliefweb.int/files/resources/A_HRC_37_71_0.pdf
Accessed Date:
16 April 2018
Title:
The Right to a Nationality and the Secession of South Sudan: A Commentary on the Impact of the New Laws
Source:
Open Society Foundations
Date of Document:
June 2012
URL:
https://www.opensocietyfoundations.org/reports/right-nationality-and-secession-south-sudan-commentary-impact-new-laws
Accessed Date:
3 April 2018
Title:
Spreading fallout: The collapse of the ARCSS and new conflict along the Equatorias-DRC border
Source:
Graduate Institute of International and Development Studies. Small Arms Survey.
Date of Document:
May 2017
URL:
http://www.smallarmssurveysudan.org/fileadmin/docs/issue-briefs/HSBA-IB28-Spreading-Fallout.pdf
Accessed Date:
3 April 2018
Title:
Isolation and Endurance: Riek Machar and the SPLM-IO in 2016-17
Source:
Graduate Institute of International and Development Studies. Small Arms Survey.
Date of Document:
October 2017
URL:
http://www.smallarmssurveysudan.org/fileadmin/docs/working-papers/HSBA-SPLM-IO-Update-Oct-2017.pdf
Accessed Date:
16 April 2018
Title:
Legal Provisions Relating to Gender Equality & Gender Based Violence in South Sudan
Source:
Human Rights Initiative
Date of Document:
August 2017
URL:
http://www.ss.undp.org/content/south_sudan/en/home/library/Gender_Equality_Women_Empowerment/legal-provisions-gender-equality-sgbv-south-sudan.html
Accessed Date:
3 April 2018
Title:
No Safe Place: A Lifetime of Violence for Conflict-Affected Women and Girls in South Sudan
Source:
George Washington University. Global Women's Institute. et al.
Date of Document:
29 November 2017
URL:
https://reliefweb.int/report/south-sudan/no-safe-place-lifetime-violence-conflict-affected-women-and-girls-south-sudan
Accessed Date:
3 April 2018
Title:
'Do Not Remain Silent': Survivors of Sexual Violence in South Sudan Call for Justice and Reparations
Source:
Amnesty International
Date of Document:
24 July 2017
URL:
https://www.amnesty.org/en/documents/afr65/6469/2017/en/
Accessed Date:
3 April 2018
Title:
Social Media and Conflict in South Sudan: A Lexicon of Hate Speech Terms
Date of Document:
December 2016
URL:
http://www.peacetechlab.org/hate-speech-in-south-sudan/
Accessed Date:
3 April 2018
Title:
Policing in South Sudan: Transformation Challenges and Priorities
Source:
Graduate Institute of International and Development Studies. Small Arms Survey.
Date of Document:
April 2017
URL:
http://www.smallarmssurveysudan.org/fileadmin/docs/issue-briefs/HSBA-IB-27-Sudanese-paramilitary-forces.pdf
Accessed Date:
3 April 2018
Title:
“Soldiers Assume We Are Rebels”: Escalating Violence and Abuses in South Sudan's Equatorias
Source:
Human Rights Watch
Date of Document:
1 August 2017
URL:
https://www.hrw.org/report/2017/08/01/soldiers-assume-we-are-rebels/escalating-violence-and-abuses-south-sudans
Accessed Date:
3 April 2018
Title:
'It was as if my Village was Swept by a Flood': Mass Displacement of the Shilluk Population from the West Bank of the White Nile
Source:
Amnesty International
Date of Document:
21 June 2017
URL:
https://www.amnesty.org/en/documents/afr65/6538/2017/en/
Accessed Date:
3 April 2018
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
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NDP.
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