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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 July 2024
BARBADOS
List of Documents
1.
General Information and Maps
Source:
United States. Central Intelligence Agency.
Accessed Date:
16 October 2012
Title:
Présentation de la Barbade
Source:
France. Ministère de l'Europe et des Affaires étrangères.
Date of Document:
7 April 2023
Accessed Date:
27 November 2023
Title:
Barbados. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
8 July 2024
Accessed Date:
18 July 2024
Title:
Barbados. Social Security Programs Throughout the World: The Americas, 2019.
Source:
United States. Social Security Administration.
Date of Document:
March 2020
Accessed Date:
3 March 2021
Source:
Encylopedia Britannica
Date of Document:
15 July 2024
Author:
Christopher Stewart Jackson et al.
Accessed Date:
15 July 2024
Title:
La Barbade. L'aménagement linguistique dans le monde.
Source:
L'aménagement linguistique dans le monde
Date of Document:
3 January 2024
Accessed Date:
5 July 2024
Title:
Barbados. VII Annual Report of the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (IACHR), 2023.
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
29 December 2023
Accessed Date:
5 July 2024
Title:
Barbados. Country Reports on Human Rights Practices for 2023.
Source:
United States. Department of State.
Date of Document:
22 April 2024
Accessed Date:
15 May 2024
Title:
Barbados. Freedom in the World 2024.
Accessed Date:
5 July 2024
Title:
National report submitted pursuant to Human Rights Council resolutions 5/1 and 16/21: Barbados
Code:
A/HRC/WG.6/43/BRB/1
Date of Document:
7 March 2023
Accessed Date:
24 November 2023
Title:
Barbados: Compilation of information
Code:
A/HRC/WG.6/43/BRB/2
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
1 March 2023
Accessed Date:
24 November 2023
Title:
Summary of stakeholders' submissions on Barbados
Code:
A/HRC/WG.6/43/BRB/3
Source:
Office of the United Nations High Commissioner for Human Rights
Date of Document:
8 February 2023
Accessed Date:
24 November 2023
Title:
Barbados. Chapter IV.A: Development of Human Rights in the Region. Annual Report 2023.
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
31 December 2023
Accessed Date:
5 July 2024
3.
Identification Documents and Citizenship
Title:
Barbados Citizenship Act, Cap. 186 (last amended 1982)
Accessed Date:
16 October 2012
Title:
Barbados. U.S. Visa: Reciprocity and Civil Documents by Country.
Source:
United States. Department of State.
Accessed Date:
18 July 2024
Title:
Immigration Act, Cap. 190 (last amended 1979)
Accessed Date:
4 March 2021
Title:
Chapter II: Citizenship. Barbados's Constitution of 1966 with Amendments through 2007.
Source:
Barbados; Comparative Constitutions Project
Accessed Date:
27 November 2023
Title:
Comparative regional report on citizenship law: Anglophone Caribbean
Source:
European University Institute. Global Citizenship Observatory.
Date of Document:
April 2020
Accessed Date:
22 March 2022
4.
Political Activities and Organizations
Title:
Barbados. Election for Barbadian House of Assembly of 19 January 2022.
Source:
International Foundation for Electoral Systems. Election Guide.
Accessed Date:
15 July 2024
Title:
About parliament; Election results. Barbados: Senate.
Source:
Inter-Parliamentary Union. Parline.
Accessed Date:
24 November 2023
Title:
Barbados Independence Order 1966 and the Constitution of Barbados
Source:
Food and Agriculture Organization of the United Nations
Date of Document:
24 July 2023
Accessed Date:
5 July 2024
5.
Gender, Domestic Violence and Children
Title:
Concluding observations on the combined fifth to eighth periodic reports of Barbados
Source:
United Nations. Committee on the Elimination of Discrimination against Women.
Date of Document:
24 July 2017
Accessed Date:
8 January 2018
Title:
Domestic Violence (Protection Orders), Cap. 130A
Accessed Date:
28 November 2013
Title:
Country Gender Assessment: Barbados
Source:
Caribbean Development Bank
Date of Document:
January 2016
Author:
Caroline F. Allen et al.
Accessed Date:
13 December 2016
Title:
Sexual Offenses Act, Cap. 154
Accessed Date:
5 March 2020
Title:
Domestic violence, including legislation; recourse and support services available to victims (2015-January 2017)
Source:
Immigration and Refugee Board of Canada
Date of Document:
3 March 2017
Accessed Date:
23 March 2017
Title:
Domestic Violence (Protection Orders) (Amendment) Act
Accessed Date:
5 March 2019
Title:
Sexual Offenses (Amendment) Act, 2016
Accessed Date:
5 March 2020
Title:
Information received from Barbados on follow-up to the concluding observations on its combined fifth to eighth periodic reports
Code:
CEDAW/C/BRB/FCO/5-8
Date of Document:
31 March 2020
Accessed Date:
4 March 2021
Title:
Gender-Responsive Assessment of Barbados' Social Protection Response to COVID-19
Source:
United Nations Development Programme
Date of Document:
March 2021
Accessed Date:
14 November 2022
Title:
Generation Unlimited: the Well-being of Young People in Barbados
Source:
Barbados. Ministry of Youth and Community Empowerment.; United Nations Children's Fund.
Date of Document:
January 2020
Accessed Date:
14 November 2022
Title:
Domestic Violence Increased With COVID-19
Source:
Barbados Government Information Service
Date of Document:
2 March 2021
Accessed Date:
22 March 2022
Title:
Situation Analysis of Children in the Eastern Caribbean
Source:
United Nations Children's Fund
Date of Document:
December 2019
Accessed Date:
22 March 2022
Title:
Status of Women and Men Report. Productive Employment and Decent Work for All.
Source:
United Nations. UN Women.
Author:
Deborah Budlender; Isiuwa Iyahen
Editor:
Margaret Griffiths
Accessed Date:
14 November 2022
Title:
Barbados: Domestic Violence Legislation. Fighting Domestic Violence: Pro Bono Initiative, North and Central America.
Accessed Date:
5 July 2024
Title:
National LGBTI Survey: Barbados
Source:
United Nations Development Programme; Sir Arthur Lewis Institute of Social and Economic Studies (SALISES) at the University of the West Indies (UWI), Cave Hill Campus
Date of Document:
May 2023
Accessed Date:
24 November 2023
Title:
Barbados High Court Decriminalizes Gay Sex
Source:
Human Rights Watch
Date of Document:
13 December 2022
Author:
Cristian González Cabrera
Accessed Date:
24 November 2023
Title:
Barbados High Court delivers written judgment on 2022 oral decision to strike down laws criminalising LGBT people
Source:
Human Dignity Trust
Date of Document:
26 May 2023
Accessed Date:
24 November 2023
Title:
Barbados. Trans Legal Mapping Report 2019: Recognition before the law.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
September 2020
Author:
Zhan Chiam et al.
Accessed Date:
22 March 2022
7.
Criminality and Corruption
Title:
OSAC Country Security Report. Barbados.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
12 April 2024
Accessed Date:
5 July 2024
Title:
Barbados: Tier 2. Trafficking in Persons Report 2024.
Source:
United States. Department of State.
Date of Document:
24 June 2024
Accessed Date:
5 July 2024
Title:
Barbados. International Narcotics Control Strategy Report 2022, Volume II: Money Laundering.
Source:
United States. Department of State.
Date of Document:
March 2022
Accessed Date:
14 November 2022
Title:
Barbados at Crossroads with Rising Homicide Rate
Date of Document:
1 June 2021
Accessed Date:
27 November 2023
Title:
Barbados: Global Organized Crime Index 2023
Source:
Global Initiative Against Transnational Organized Crime
Accessed Date:
24 November 2023
8.
Military Service - (No items in this section)
9.
Judiciary, Legal and Penal Systems
Title:
Update: Guide to Caribbean Law Research
Date of Document:
December 2018
Accessed Date:
4 March 2021
Title:
Caribbean Justice: A needs assessment of the judicial system in nine countries
Source:
United Nations Development Programme
Date of Document:
April 2020
Accessed Date:
14 November 2022
10.
Police and Security Forces
Title:
Barbados. The Law on Police Use of Force Worldwide.
Source:
University of Pretoria. Institute for International and Comparative Law in Africa.
Accessed Date:
21 November 2022
Title:
Barbados. Annual Report of the Inter-American Commission on Human Rights 2023. Volume II: Annual Report of the Office of the Special Rapporteur for Freedom of Expression.
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
6 December 2023
Accessed Date:
5 July 2024
Title:
Barbados. International Religious Freedom Report for 2023.
Source:
United States. Department of State.
Date of Document:
26 June 2024
Accessed Date:
5 July 2024
Title:
Barbados. Freedom of Thought Report.
Source:
Humanists International
Date of Document:
13 October 2022
Accessed Date:
21 November 2022
13.
Nationality, Ethnicity and Race - (No items in this section)
14.
Exit/Entry and Freedom of Movement
Title:
Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights' Compilation Report. Universal Period Review: Fourth Cycle, 43rd Session. Barbados.
Source:
United Nations High Commissioner for Refugees
Date of Document:
October 2022
Accessed Date:
24 November 2023
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 2024:
Title:
Barbados. The World Factbook.
Source:
United States. Central Intelligence Agency.
Date of Document:
14 November 2023
URL:
https://www.cia.gov/the-world-factbook/countries/barbados/
Accessed Date:
24 November 2023
Source:
Encylopaedia Britannica
Date of Document:
11 November 2023
Author:
Christopher Stewart Jackson et al.
URL:
https://www.britannica.com/place/Barbados
Accessed Date:
24 November 2023
Title:
La Barbade. L'aménagement linguistique dans le monde.
Source:
L'aménagement linguistique dans le monde
Date of Document:
1 December 2021
URL:
http://www.axl.cefan.ulaval.ca/amsudant/barbade.htm
Accessed Date:
22 March 2022
Title:
Barbados. VI Annual Report of the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (REDESCA) of the Inter-American Commission of Human Rights (IACHR), 2022.
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
6 March 2023
Author:
Soledad García Muñoz
URL:
https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_REDESCA_EN.pdf
Accessed Date:
24 November 2023
Title:
Barbados. Freedom in the World 2023.
URL:
https://freedomhouse.org/country/barbados/freedom-world/2023
Accessed Date:
24 November 2023
Title:
Barbados. Chapter IV.A: Human Rights Development in the Region. Annual Report 2022.
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
1 April 2023
URL:
https://www.oas.org/en/iachr/docs/annual/2022/Chapters/6-IA2022_Cap_4A_EN.pdf
Accessed Date:
24 November 2023
Title:
Barbados. 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/Barbados.html
Accessed Date:
24 November 2023
Title:
OSAC Country Security Report. Barbados.
Source:
United States. Overseas Security Advisory Council.
Date of Document:
28 September 2022
URL:
https://www.osac.gov/Content/Report/3973d1bc-d690-4174-8c90-1c4921f657a3
Accessed Date:
27 November 2023
Title:
Barbados: Tier 2. Trafficking in Persons Report 2023.
Source:
United States. Department of State.
Date of Document:
June 2023
URL:
https://www.state.gov/reports/2023-trafficking-in-persons-report/barbados
Accessed Date:
27 November 2023
Title:
Barbados. Annual Report of the Inter-American Commission on Human Rights 2022. Volume II: Annual Report of the Office of the Special Rapporteur for Freedom of Expression.
Source:
Organization of American States. Inter-American Commission on Human Rights.
Date of Document:
6 March 2023
URL:
https://www.oas.org/en/iachr/docs/annual/2022/Chapters/IA2022_Anexo_RELE_EN.pdf
Accessed Date:
24 November 2023
Title:
Barbados. International Religious Freedom Report for 2022.
Source:
United States. Department of State.
Date of Document:
6 March 2023
URL:
https://www.state.gov/reports/2022-report-on-international-religious-freedom/barbados/
Accessed Date:
24 November 2023
Title:
Mental Health Atlas 2020 Member State Profile: Barbados
Source:
United Nations. World Health Organization.
Date of Document:
15 April 2022
URL:
https://cdn.who.int/media/docs/default-source/mental-health/mental-health-atlas-2020-country-profiles/brb.pdf
Accessed Date:
14 November 2022
Title:
Barbados. Caribbean Gender Based Violence Laws.
Source:
United Nations. UN Women.
URL:
https://caribbean.unwomen.org/en/caribbean-gender-portal/caribbean-gbv-law-portal/gbv-country-resources/barbados
Accessed Date:
24 November 2023
Title:
Treatment of sexual minorities, including legislation, state protection and support services; social attitudes towards bisexuality (2013-November 2015)
Source:
Immigration and Refugee Board of Canada
Date of Document:
3 December 2015
URL:
http://irb-cisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=456256&pls=1
Accessed Date:
15 December 2015
Title:
Barbados. State-Sponsored Homophobia 2019.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
March 2019
Author:
Lucas Ramón Mendos
URL:
https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019_light.pdf
Accessed Date:
27 March 2019
Title:
“I Have to Leave to Be Me”: Discriminatory Laws against LGBT People in the Eastern Caribbean
Source:
Human Rights Watch
Date of Document:
21 March 2018
Author:
Francisco Berreta
URL:
https://www.hrw.org/report/2018/03/21/i-have-leave-be-me/discriminatory-laws-against-lgbt-people-eastern-caribbean#
Accessed Date:
5 March 2020
Title:
Barbados. Next Steps Towards Reform: Assessing good practice and gaps in Commonwealth sexual offences legislation. Caribbean & Americas.
Source:
Human Dignity Trust
Date of Document:
May 2020
Author:
Indira Rosenthal et al.
URL:
https://www.humandignitytrust.org/wp-content/uploads/resources/2020-Next-Steps-CA.pdf
Accessed Date:
22 March 2022
Title:
Gender-Responsive Assessment of Barbados' Social Protection Response to COVID-19
Source:
United Nations Development Programme
Date of Document:
March 2021
URL:
https://www.undp.org/sites/g/files/zskgke326/files/migration/bb/5e21c968e5a94a0773124f71206a6bdabe4e1d6017bc59958922379172a27e38.pdf
Accessed Date:
14 November 2022
Title:
National LGBTI Survey: Barbados
Source:
United Nations Development Programme; Sir Arthur Lewis Institute of Social and Economic Studies (SALISES) at the University of the West Indies (UWI), Cave Hill Campus
Date of Document:
May 2023
URL:
https://www.undp.org/sites/g/files/zskgke326/files/2023-08/undp_barbados_lgbti_survey_report_1.pdf
Accessed Date:
24 November 2023
Title:
Barbados High Court Decriminalizes Gay Sex
Source:
Human Rights Watch
Date of Document:
13 December 2022
Author:
Cristian González Cabrera
URL:
https://www.hrw.org/news/2022/12/13/barbados-high-court-decriminalizes-gay-sex
Accessed Date:
24 November 2023
Title:
Barbados. Trans Legal Mapping Report 2019: Recognition before the law.
Source:
International Lesbian, Gay, Bisexual, Trans and Intersex Association
Date of Document:
September 2020
Author:
Zhan Chiam et al.
URL:
https://ilga.org/downloads/ILGA_World_Trans_Legal_Mapping_Report_2019_EN.pdf
Accessed Date:
22 March 2022
Title:
Barbados Independence Order 1966 and the Constitution of Barbados
Source:
Food and Agriculture Organization of the United Nations
Date of Document:
24 July 2023
URL:
https://www.fao.org/faolex/results/details/en/c/LEX-FAOC129680
Accessed Date:
5 July 2024
Title:
Barbados: Domestic Violence Legislation. Fighting Domestic Violence: Pro Bono Initiative, North and Central America.
URL:
https://resourcehub.bakermckenzie.com/-/media/fighting-domestic-violence/reports/reports/2021_fdv_barbados.pdf
Accessed Date:
5 July 2024
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suggest documents they feel are relevant to the
NDP.
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