II.2.1.3.2 Agents of persecution

Soft Law

  1. UNHCR, ‘Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees’, HCR/IP/4/Rev.1, 1979, para. 65.

UNHCR Documents

  1. UNHCR, ’Guidelines on International Protection No. 1: Gender-Related Persecution Within the Context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees’, 7 May 2002, HCR/GIP/02/01.
  2. UNHCR, ’Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees’, 23 October 2012, HCR/GIP/12/01.
  3. UNHCR, ‘Guidance Note on Refugee Claims relating to Female Genital Mutilation’, May 2009.
  4. UNHCR, ‘Position Paper on Agents of Persecution’, 14 March 1995.

Cases

  1. Adan and Aitseguer, 23 July 1999 [1999] 3 WLR 1274 UK House of Lords Regina v. Secretary of State for the Home Departmentex parte Adan; Regina v. Secretary of State for The Home Department ex parte Aitseguer, Judgements of 19 December 2000), [2001] 2 WLR 143. (UK judicial decision upholding asylum for applicants fearing persecution by non-state actors).

Readings

Core

  1. G. Goodwin-Gill and J. McAdam, The Refugee in International Law (Oxford: Oxford University Press, 2007), pp. 98–100. [G. Goodwin-Gill, The Refugee in International Law (Oxford: Oxford University Press, 1996), pp. 70–74.]
  2. J. Hathaway and M. Foster, The Law of Refugee Status, 2nd edition, (Cambridge: Cambridge University Press, 2014), pp. 292-319. [J. Hathaway, The Law of Refugee Status (Toronto: Butterworths, 1991), pp. 124–131.]
  3. J. Moore, ‘Whither the Accountability Theory: Second-Class Status for Third-party Refugees as a Threat to International Refugee Protection’, International Journal of Refugee Law, vol. 13, nos. 1–2 (January 2001), pp. 32–50.

Extended

  1. V. Türk, ‘Non-State Agents of Persecution’ in V. Chetail and V. Gowlland- Debbas (eds), Switzerland and the International Protection of Refugees (The Hague: Kluwer Law International, 2002), pp. 95–109.
  2. A. Zimmerman, C. Mahler, ‘Article 1A, Paragraph 2’, in A. Zimmerman (ed.), The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol: A Commentary (Oxford: Oxford University Press, 2011), pp. 358–372.

Editor’s Note

Issues regarding the agents of persecution often arise in claims involving particular social group, see Section II.2.1.4.5, and have also been addressed in the Common European Asylum System, see Section VI.2.1.

 II.2.1.3.2 Agents of PersecutionII.2.1.3.2 Agents of Persecution

UNHCR DocumentsUNHCR Documents

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1UNHCR, ‘Position Paper on Agents of Persecution’, 14 March 1995.UNHCR, ‘Position Paper on Agents of Persecution’, 14 March 1995.Empty
2UNHCR, ‘Guidance Note on Refugee Claims relating to Female Genital Mutilation’, May 2009.UNHCR, ‘Guidance Note on Refugee Claims relating to Female Genital Mutilation’, May 2009.Empty
3UNHCR, Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees, 23 OctUNHCR, Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees, 23 OctEmpty
4UNHCR, Guidelines on International Protection No. 1: Gender-Related Persecution Within the Context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees, 7 May 2002, HCR/GIP/02/01UNHCR, Guidelines on International Protection No. 1: Gender-Related Persecution Within the Context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees, 7 May 2002, HCR/GIP/02/01Empty