iv. Five Grounds: Race, Religion, Nationality, Social Group, Political Opinion

  Main Debates Flight from General Civil War: Can Violent Insecurity Give Rise to the Possibility of Persecution based upon the Specified Grounds? Widespread Repressive Practices: What is the Relationship between the Individual and the Group? Conscription: In What Circumstances Can Coerced Military Service Constitute Persecution? Whose Political Opinion is Relevant:  The Persecutor, the Persecuted or Both?   Main Points Broad Interpretation of Concepts of Race, Religion and Nationality Public Religious Activity v. Private Worship Religious Objections to Military Service Multiple Factors in Social Group Definition: Immutable Characteristics, Involuntary Associations, Shared Values, Voluntary Associations, Pariah Status Social Groups and Gender-Related Persecution Types of Expression of Political Opinion - Including Neutrality   Treaties International International Covenant on Civil and Political Rights, 16 Dec. 1966, 999 U.N.T.S. 171, Arts. 2, 12, 18, 19, 26, 27. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 18 Dec. 1979, 1249 U.N.T.S. 513. Convention on the Elimination of All Forms of Racial Discrimination (CERD), 21 Dec.1965, 660 U.N.T.S. 195.   Regional European Convention for the Protection of Human Rights and Fundamental Freedoms, 4 Nov. 1950, 213 U.N.T.S. 221, Art. 14.   Soft Law UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status (1979) paras. 66-86, 167-174. Universal Declaration of Human Rights, 10 Dec.1948,UNGA res. 217 (LXIII),  Arts. 2, 18, 19. UNESCO, 'Four Statements on the Race Question', COM.69/II.27/A, 1969. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion and Belief, UNGA res. 36/55, 1981. Declaration on the Elimination of Violence Against Women, UNGA res. 48/04 48, 1993.   UNHCR Documents UNHCR, 'Guidelines on International Protection: "Membership of a particular social group" within the context of Art.1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees', 2002. UNHCR, '"Sexual and Gender-Based Violence against Refugees, Returnees and Internally Displaced Persons" - Guidelines for Prevention and Response', 2003. UNHCR, 'Guidelines on International Protection: "Religion-Based Refugee Claims under Art.1A (2) of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees"', 2004.   Cases Core R. v Immigration Appeal Tribunal ex parte Shah; Islam v Secretary of State for the Home Department (1999) 2 AC 629. (UK judicial decision holding Pakistani women accused of adultery feared persecution based on their social group) Matter of Acosta 20 Immigration & Nationality Decisions 211 (BIA 1985).  (US administrative decision concerning group sharing common immutable characteristic) Matter of Kasinga 21 Immigration & Nationality Decisions 357 (BIA 1996).  (US administrative decision recognising as a social group women who fear female genital mutilation) Aguirre-Cervantes v. INS 242 F 3d 1169 (9th Cir 2001).  (US judicial decision granting asylum to a Mexican woman based on physical abuse by father) Bolanos-Hernandez v. INS 767 F 2d 1277 (9th Cir 1984).  (US judicial decision holding neutrality in El Salvador can be a political opinion) Ciric and Ciric v. Canada 2 FC 65 (1994).  (Federal Court of Canada holding refusal to serve in Serbian army in 1991 constituted protected political opinion) Klinko v. Canada 184 (2000) DLR 4th 14. (Federal Court of Appeal of Canada holds that public complaints about widespread corrupt conduct can constitute political opinion) Chen Shi Hai (an infant) v. The Minister for Immigration and Multicultural Affairs (2002) 162 ALR 577. (Australian High Court holds child born in violation of the one-child policy faces persecution based on social group)   Extended Federal Administrative Court (German) 15 March 1988 Volume 79 Collection of Decisions 143 (German judicial opinion recognising Iranian homosexual faces persecution based on social group) Ahmad and Others v Secretary of State for the Home Department (CA) (1990)  Imm AR 61. (UK judicial decision on persecution of Ahmadiyas in Pakistan) Refugee Review Tribunal (7 July 1994) RRT Reference N93/01843. (Australian decision on persecution of Christians in China) Dobrican v. INS 77 F 3d 164 (7th Cir 1996).  (US judicial decision on religious objections to military service by Jehovah's Witness in Romania) Attorney General v. Ward [1993] 2 SCR 689 (Supreme Court). (Canadian judicial decision on social group) Metropolitan Court (Hungary) (28 February 2000). (Judicial decision ordering new refugee procedure in order to analyse in depth Serbian draft evader) Metropolitan Court (Hungary) (9 February 1999). (Judicial decision providing protection, but not refugee status, to ethnic Hungarian who disobeyed Yugoslav conscription order) Barraza-Rivera v. INS 913 F 2d 1443 (9th Cir 1990). (US judicial decision holding that desertion from Salvadoran military in 1984 to avoid assassination duty constituted protected political opinion) Guo Chun Di v. Carroll 824 F Supp 858 (ED Va 1994). (US judicial opinion finding opposition to China's population control policy is political opinion)   Readings Core T. Aleinikoff, ‘Protected Characteristics and Social Perceptions: An Analysis of the Meaning of ‘Membership of a Particular Social Group’’ Determination’ in E. Feller, V. Türk, and F. Nicholson (eds), Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection (Cambridge: Cambridge University Press, 2003), pp. 263–311.G. Goodwin-Gill and J. McAdam, The Refugee in International Law (Oxford: Oxford University Press, 2007), pp. 70–90, 104–116. [G. Goodwin-Gill, The Refugee in International Law (Oxford: Oxford University Press, 1996), pp. 43–49, 54–59].J. Hathaway, The Law of Refugee Status (Toronto: Butterworths, 1991), pp. 141–185.K. Schnöring, ‘Deserters in the Federal Republic of Yugoslavia’, International Journal of Refugee Law, vol. 13, nos. 1–2 (January 2001), p. 153.Canadian Immigration and Refugee Board, ‘Guidelines on Civilian Non-Combatants Fearing Persecution in Civil War Situations’ (1996) (neutrality and imputed political opinion).   ExtendedK. Daley and N. Kelley, ‘Particular Social Group: A Human Rights Based Approach in Canadian Jurisprudence’, International Journal of Refugee Law, vol. 12, no. 2. (April 2000), p. 148.M. Fullerton, ‘A Comparative Look at Refugee Status Based on Persecution Due to Membership in a Particular Social Group’, Cornell International Law Journal, vol. 26, no. 3 (1993), pp. 514–522, 531–552,561–563.M. Fullerton, ‘Persecution Due to Membership in a Particular Social Group: Jurisprudence in the Federal Republic of Germany’, 4 Georgetown Immigration Law Journal, vol. 4, no. 3 (1990), pp. 396–442.