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A. China
1) Do published reports confirm that China has prosecuted
or jailed individuals for practicing Falun Gong or teaching Falun Gong
exercises to others, where the individuals did not commit any acts of
violence or other acts of civil disobedience, and engaged in no political
speech?
- Began by searching for books in GULLiver
using the keywords falun gong. Four books came up, and the
third item on the list was People's Republic of China, Falun Gong
Practitioners: List of Sentences, Administrative Sentences and Those
Detained (Amnesty International, 2000) [K3236.4.A56 C63 2000],
which is particularly useful. Two other Amnesty International reports
also appear on the list. These reports may also be on the Amnesty
International web site.
- A great place to find other reports like these is Asylumlaw.org.
Choose China from the Case Support drop-down menu. The first document
on the resulting list is a report from the Immigration & Nationality
Directorate (UK), Revolution
of the Wheel: The Falun Gong in China and in Exile. If you
click on next
at the bottom of the first page of the list, you will get the full
list of 66 documents, including an extensive bibliography with links
to articles collected by the Human Rights Documentation Exchange on
the Persecution
of the Falun Gong.
- Also searched for newspaper and periodical articles using the database
ProQuest
(a subscription database), which contains full-text articles. Using
the Guided Search form (choose Guided under Search Methods at the
top of the screen), I entered the search falun gong in All
Basic Search Fields AND arrest* or detention or detain* or jail
in All Basic Search Fields in the Current date range (1999 to 2003).
This resulted in over 50 articles.
- The official Falun Gong (or Falun Dafa) web sites Falun
Dafa Information Center and Clearwisdom.net
also contain reports
of the persecution of practitioners and eyewitness
accounts.
2) How long does it take before a Falun Gong practitioner can be
expected to be able to assume or demonstrate the "Fifth Pose"
or "Fifth Position"?
- Starting with the official web site of the Falun Gong to get more
background on the fifth pose/position. The organization is actually
called Falun Dafa, though it is more commonly known as Falun Gong.
The main web site is http://www.falundafa.org.
One of the main menu choices is the Exercises
of Falun Dafa, which takes you to a page linking to HTML or video
descriptions and instructions on doing the exercises. They do not
discuss how long it takes to learn the exercise.
- From the home page of this site, there is also an option to search
the site. I searched for fifth exercise. The results include
more extensive descriptions of the exercises in several books and
publications available on the web site.
- This home page also provides links to other Falun Dafa web sites,
including Clearwisdom.net,
a site for practitioners. I searched the site for fifth exercise
using the search box in the menu bar on the left site of the page.
The search resulted in 2 pages of results. I scanned the first few
articles, but none were relevant to the question.
- Also tried a search on Google
for "fifth exercise" falun gong, and got results
from different Falun Gong-related web sites, but none seemed to answer
the question of how long it takes to learn the exercise.
B. Ethiopia
1) Does Ethiopia issue national identity cards to its citizens?
If so, does it issue temporary cards to people while it prepares permanent
cards? What do the permanent and temporary cards look like?
2) In 2001, did the Secret Service of Ethiopia violently interrogate
and detail people who were suspected members or supporters of the Oromo
Liberation Front, even if the authorities did not suspect those individuals
of having personally participated in any violent or illegal acts?
C. Ethiopia/Canada
1) Our client entered the US by bus, via Canada, entering both Canada
and the US on a Canadian passport belonging to a woman born in Somalia.
Does Canadian immigration and asylum law have specific bars to falsely
claiming Canadian citizenship? Does the US/Canadian Memo of Understanding
insist that our client be returned to Canada since she entered Canada
first? Would her ability to return to Canada be compromised by her false
claim to Canadian citizenship?
- The most important Canada statute to consider is the Immigration
and Refugee Act. This is a relatively new law and you need to be sure
that you are looking at the revised law. Therefore, use the version
of the act (C.
27) available from the Immigration
and Refugee Board or the version on CANLII
(do not use the version on the Canadian
Dept. of Justice site). You may also wish to browse the 2003 Annotated
Immigration Act of Canada in print [KE4454.A318 M37]. Two of the
most relevant sections include section
40 on misrepresentation and section
122 regarding "offences related to documents" -- be
sure to review the law carefully.
- The former act specifically states that removal can be based upon
"possession of a false or improperly obtained passport, visa
or other document pertaining to his admission or by reason of any
fraudulent or improper means or misrepresentation of material fact,
whether exercised or made by himself or by any other person (Immigration
Act [repealed], section 27 (1)(e)). The Annotated Act mentioned above
provides case law pursuant to this section.
- After searching for an MOU in various US treaty databases on Lexis,
Westlaw, and Oceania, I finally located the agreement in question.
I located the information by searching the INS web site using the
terms asylum and Canada. Here I located the name of the agreement
- U.S. Canada Safe Third Country Agreement. I did another search
for the name of the agreement and located the final
draft text and the statement
of Joseph Langlois regarding the agreement. See Article 5 of the
agreement for information re country of last presence. A Media
Alert from LCHR states that the agreement will "force U.S.-bound
refugees who stop first in Canada to apply there." According
to a White
House news release, the agreement has been signed by both countries
and "[b]oth countries will now finalize the regulatory framework
and standard operating procedures necessary to implement this Agreement."
- Futher research into the case law of Canada will need to be done.
See our research guide on Canadian
Legal Research. The Canadian Abridgment (2nd ed., Toronto:
Carswell, 1966-) [KE173 .C35 1966] is the most comprehensive digest
of case law. This is a challenging resource to use, but you can search
it on Westlaw (ABRIDGMENT). The Immigration Law Reporter is
one of the best sources for accessing the text of the leading decisions
of the Immigration Appeal Board and of the courts in immigration matters.
This source is available on Westlaw (IMMLR-RPTS ) from 1987 on and
in print [KE4454.A54 I45].
2) Was the Tigrean Development Association (TDA) turning away from
its political, non-profit work dedicated to improving life in Tigray
and becoming "politicized" in 1995? Does the current government
(TPLF) have a history of arresting and torturing supporters of the Ethiopian
Democratic Party?
- Searching various news sources for Tigrean Development Association
(TDA) was not fruitful. Search Ethnic
NewsWatch (a subscription database) using TDA as the search
term yielded the correct name of the organization -- Tigray Development
Association. An article from 1999 characterizes this organization
as relief agency "set up to aid refugees in Ethiopia."
- Armed with new information, a search on Google
using "Tigray Development Association" yielded better
information, like a web
site for the North American chapter. There is also a UK
web site. Most of the information reviewed regarding the TDA focuses
on the organization's relief work. However, a google search revealed
this piece of information...
"Since the change of regime in 1991, several regional development
associations, notably the Tigray Development Association (TDA), Amhara
Development Association (ADA), Oromia Development Association (ODA),
Southern Ethiopian Peoples Development Association (SEDPA), were set
up following the federal structure of the country. Even if many of
these associations claim that they are separate from the state structure,
they do not apparently have relative autonomy from the state and the
ruling coalition, the EPRDF. They are highly supported by the government
machinery and at times government offices collect membership fees
from their employees on behalf of these development associations.
These institutions mobilize huge resources from various sources and
operate many projects. [8.1 The
Contribution of the Civil Service to Good Governance in Ethiopia:
Challenges and Prospects].
- Many universities have excellent African Studies collections and
have put up links to web resources. For example, see Columbia University's
African
Studies Internet Resources. From this page, select African Studies
Resources by Region & Country (Eastern
African Countries), and then choose Ethiopia.
I tried many of the General
Resources and Online News and came across the Walta
Information Center (current news stories on Ethiopian affairs).
On Walta, try the search
mechanism using the Ethiopian Democratic Party. One of
stories is called "EDP
Urges For Immediate Release Of Its Members."
- Search allafrica.com using the
terms EPD arrest and many
relevant stories were retrieved from a variety of news sources
(Addis Tribune, IRIN).
3) Is there any record of a "Mr. Laike" running as an
independent candidate (for what office?) in Ethiopia? If so, is there
record of his disappearance?
- Without much information, there is not much to go on here. I did
not locate any credible references to a "Mr. Laike" when
I ran searches using his name on Google, IRIN, Oneworld, Ethnic NewsWatch,
and various Ethiopian news sources.
- Checked the Contemporary
Africa Database which allows the searcher to browse profiled people.
Unfortunately, this person is not listed.
- More information is needed to conduct more searches. Often times,
names are not spelled correctly, so check with the client on possible
variant spellings.
D. Honduras/El
Salvador
1) Is the Mara Salvatrucha [exists in NYC] gang well known? What
is their reputation?
- Searched Google using the name
of the gang mara salvatrucha to get some background information
and to refine search terms. Hit #1 was the National
Alliance of Gang Investigators Associations (NAGIA). This brief
article from an Orange County investigator indicates that the Mara
Salvatrucha (MS) gang was established in Los Angeles by members of
La Mara street gang (from El Salvador) and former members of the Farabundo
Marti National Liberation Front (FMNL guerrilla fighters called salvatruchas)
from El Salvador. Article also indicates that close ties continue
between MS and El Salvador for arms trading.
- Searched the Washington Post on Westlaw for information on local
gang activity ("MARA SALVATRUCHA" & GANG). Many
articles due to recent homicides in Virginia linked to MS.
- Searched Social
Science Index (a subscription database) to see if I could find
something a little more academic about this gang. Searched mara
and salvatrucha and gangs with no hits, so tried gangs and
angeles since this is where they are based. The third hit was
from Hispanic which made me think that I should also search
HAPI
(Hispanic American Periodicals Index) (a subscription database).
Searched gangs and got 38 hits some of which look good.
2) Was it common for citizen groups to be sanctioned by local mayors
and given authority to "eradicate" gang members in Honduras
or El Salvador?
- With NAGIA information above, I noticed the following in the last
paragraph:
"Many Mara Salvatrucha gang members are currently in the United
States illegally and are concerned about deportation. If a gang member
is deported to El Salvador, there is a chance they will be targeted
by the Sombra Negra (Black Shadow) death squad. Sombra Negra and similar
groups are legendary in Central America. Gangsters and citizens alike
believe that the Sombra Negra is made up of rogue cops and military
personnel who target unwanted criminals and gang members for vigilante
"justice." While the presence of these death squads is officially
denied by the governments of Central American countries, many MS members
in the U.S. believe these groups exist, and fear that they will be
targeted after being deported. Honduran MS gang members have the same
fear. Sombra Negra has claimed responsibility for the deaths of several
MS gang members in El Salvador. The existence or belief in the existence
of these death squads could also be a chief motivation for hardcore
MS gang members to come to the United States."
- Searched Google for mara
salvatrucha + sombra negra and one of the on the list is an 1999
INS/DOJ report that discusses these paramilitary groups attack on
gangs (El
Slavador: Re-Emergence of "Social Cleansing" Death Squads).
- Based on the above-mentioned report, searched the INS
web site to see if they had other reports. Used search
mechanism and used Honduras. Several of the retrieved items
look good. Item #5 is a report called Honduras:
Update on Human Rights Conditions with a section (page 22) on
gangs and threats to kill gang members from a group called Papa Commando.
There is also specific mention of MS in Honduras.
3) Does Honduran or El Salvadoran law hold teachers to a duty to
report child abuse? What is common police practice towards abusive parents
in Honduras? Was it the practice of Honduran soldiers to kill or severely
punish those accused of child abuse?
- Searched Google using "child
abuse" + reporting + Honduras "human rights" and
#5 on the list is the 2000
State Dept. Human Rights report. A quick look using the "find
in page" (a feature of the browser) for "child abuse"
found reference to the 1996 Code of Childhood and Adolescence
which covers the rights, liberties, and protection of children.
- Searched GLIN
(a subscription database *), selected Honduras
from the menu and searched title of act "Code of Childhood
and Adolescence." Nothing. Tried again using the thesaurus (this
is very important). No listings for child abuse, so I tried "children"
and selected "Honduras." Select #13. This record provides
a summary of the law. Note - the full text is not available on GLIN,
but the official gazette (La Gaceta) should be available at
the Law Library of Congress (in Spanish). The Spanish name of law
is el Codigo de la Ninez y la Adolescencia. Another summary
is available from the 23-24 Annual Review of Population Law
61 [K2000.A53 A5]. Portions of the law may be available on the Annual
Review of Population Law web site, but it was down at the time
this document was prepared.
- El Salvador laws are also on GLIN. However, first check the Foreign
Law Guide (a subscription database **). This
will identify the 1993 family law code. Then go back to GLIN and select
El Salvador and 677 in the box for "instrument
number." This will retrieve a record for Legislative Decree 677
of 11/22/93 and provide a summary of the law. Note - the full text
is not available on GLIN, but the official gazette (Diario Oficial)
should be available at the Law Library of Congress (in Spanish).
- Regarding the practice of soldiers punishing or killing people accused
of child abuse. Check some of the INS reports mentioned above. These
reports discuss groups that kill street children, gang members, gay
people, and others that they term "undesirable." Accused
child abusers may also be targeted.
E. Niger/Ivory
Coast/Benin
1) Under the nationality laws of Niger, when a person naturalizes
and assumes citizenship of Niger, is he required to renounce his citizenship
in our countries.
2) The client was born in Benin in 1978, but left Benin when he
was an infant. His mother was born in Benin and his father was born
in the Ivory Coast. Client has a naturalization document that shows
he later became a citizen of Niger. Is he also a citizen of the Ivory
Coast or of Benin, based on his parents nationality and/or his place
of birth? After his naturalization in Niger, would he, as a result,
lose his citizenship (if he ever, in fact, had it) in Ivory Coast or
Benin? Or do the Ivory Coast and Benin recognize dual nationality?
Since both questions involve nationality laws, I was able to search
for answers to both using same sources.
- First checked a looseleaf set called International Immigration
and Nationality Law (Dordrecht; Boston: M. Nijhoff Publishers,
1993-) [K3275 .A48 1993], but it did not contain these countries.
- Next consulted the United
Nations High Commissioner for Refugees web site to the Research/Evaluation
section, Country
of Origin and Legal Information page. From that page, select the
country from the drop-down box toward the bottom of the page. All
three countries are available. (Note that Ivory Coast is listed as
Cote d'Ivoire. Keep this in mind when doing further research.)
For each country, there are country reports and legal documents, including
the nationality laws. Niger's nationality laws are only provided in
French, but the Benin and Ivory Coast laws are available in English.
- Checked the REFWORLD CD-ROM (Legal Information CD) (available in
International Media on the first floor) to see if an English translation
of the Niger law was available there, but it also only contained the
original French version.
- To find out if an English translation was available anywhere else,
I used the database Foreign
Law Guide (a subscription database **). I went
to the entry for Niger and the subject heading CITIZENSHIP AND
NATIONALITY, which lists a 1984 Code de la nationalité,
which replaces the 1961 law and 1973 amendment found on the UNHCR
web site. It does not give a source for an English translation. [The
Library of Congress does have the Journal officiel for Niger,
which contains the nationality code.]
- Also checked the entries in Foreign Law Guide for Benin and Cote
d'Ivoire to verify that the laws provided by UNHCR are still current,
which they are.
F. Uganda
1) Client participated in a symposium in his home country of Uganda
that was organized by the "Think Tank Foundation." Client
presented a paper at the symposium, entitled "The Fallacy of Non-Partisan
Democracy." The topic of the symposium was the referendum to be
held in 2000 on whether there should be a one-party or multi-party system.
What information is available about the "Think Tank Foundation"
and is there any record (a) that the symposium was held and (b) that
Mr. Isaac Musoke's attended and presented a paper?
- Searched INTNEWS on Westlaw to see if anyone reported on this symposium.
Searched with "think tank foundation" and Uganda
and date(before 2002). Got only three hits with the third article
(dated 2000) mentioning that the president was uneasy with the makeup
of a think tank regarding hosting a presidential election debate.
I don't know if this is the same think tank.
- Tried World
News Connection (a subscription database). Searched think tank
Uganda and limited to between 1/1/2000 and 12/31/2000. Retrieved
510, too many to be useful. Tried other searches, but still retrieved
too many.
- Searched allafrica.com using
think tank Uganda and musoke Uganda. Nothing good, but
I don't think that the search engine is working properly.
- Went to Amnesty
International and looked at the 2000 report for Uganda. The Referendum
Act was passed in July 2000, so symposium was before that, but maybe
in 1999? A specific date would be useful for a World News Connection
search.
- A Google search using Uganda
+ "think tank foundation" located a paper about NGOs
in Uganda (Word version available from google search) which states
the following:
"The Uganda Think Tank Foundation
This loose organisation that includes government officials, academics
members of parliament and other civic leaders. It debates policy issues
in seminars and workshops. Like FAD, it was very active during the
constitution?making period. It produced several position papers on
constitutional issues. It has largely been supported by another German
Foundation, Ebert Foundation. Again like FAD, the Think Tank Foundation
has been relatively inactive in the post 1996 era."
2) Client has a newspaper article from the Weekly Message dated
Sept. 3-9, 2002 which is published in Kampala, Uganda. The article states
that the client's father was questioned regarding the client's whereabouts.
The Immigration Judge in his case has stated in previous cases that
it is easy to have such articles published in "these" countries.
Is it easy to plant stories in Uganda? The story claims the client has
previously been arrested for "annoying the person of the president."
Is there such a crime in the criminal code of Uganda?
In order to verify the article in another source, try searching for
the article in another source.
- Searched INTNEWS on Westlaw with the client's name. Searched "isaac
musoke" and with and without date restriction before 2002.
Got nothing. Tried searching using just musoke and got almost
500 hits, tried musoke and date (September 2002). Still nothing.
- Tried World
News Connection (a subscription database) using Uganda
and publication date limited to 9/1/2002 - 9/30/2002. This
retrieved 169 hits. Browsed through with no luck. Is client accused
of being part of the LRA? (Lord's Resistance Army)? There were many
articles about this group.
- Then tried searching musoke hoping that father's last name
was the same and limited search to publication date 9/1/2002 -
9/15/2002. Nothing retrieved.
- Searched musoke Uganda on allafrica.com.
No relevant hits.
- Criminal code -- Went to Foreign
Law Guide (a subscription database **) and looked
under criminal (under subject headings), it suggested International
Encyclopaedia of Laws: Criminal Law [K5000.I6 1993]. I found this
in the library and it does mention under sedition, something along
the lines of "to bring into hatred or contempt or to excite disaffection
against the person of the president…"
Prepared by the International & Foreign Law Library
for CALS research training, February 2003.
* GLIN -- You will be prompted for an
id and password (once you have entered your Go-Card information). Use
"gulaw2" for the id and "glingu" for the password.
** Foreign Law Guide -- If accessing
this database from home, you will be prompted for an id and password
(once you have entered your Go-Card information). Use "dupont"
for both the id and password for this database.
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