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).