PART 2Asylum
Interpretation of Refugee Convention
31Article 1(A)(2): persecution
1
For the purposes of Article 1(A)(2) of the Refugee Convention, persecution can be committed by any of the following (referred to in this Part as “actors of persecution”)—
a
the State,
b
any party or organisation controlling the State or a substantial part of the territory of the State, or
c
any non-State actor, if it can be demonstrated that the actors mentioned in paragraphs (a) and (b), including any international organisation, are unable or unwilling to provide reasonable protection against persecution.
2
For the purposes of that Article, the persecution must be—
a
sufficiently serious by its nature or repetition as to constitute a severe violation of a basic human right, in particular a right from which derogation cannot be made under Article 15 of the Human Rights Convention, or
b
an accumulation of various measures, including a violation of a human right, which is sufficiently severe as to affect an individual in a similar manner as specified in paragraph (a).
3
The persecution may, for example, take the form of—
a
an act of physical or mental violence, including an act of sexual violence;
b
a legal, administrative, police or judicial measure which in itself is discriminatory or which is implemented in a discriminatory manner;
c
prosecution or punishment which is disproportionate or discriminatory;
d
denial of judicial redress resulting in a disproportionate or discriminatory punishment;
e
prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts as described in Article 1(F) of the Refugee Convention (on which, see section 36).