UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...
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approach would also include those who had previously presented asylum claims and whose<br />
claims had been rejected. They should be permitted to submit new claims, and their claims<br />
should be examined accordingly.<br />
1. Well-Founded Fear of Persecution<br />
The refugee definition of the 1951 Convention contains both a subjective and an objective<br />
element. The former refers to an individual’s fear of harm in the event of return to the<br />
country of origin or, in the case of a stateless person, the country of habitual residence. The<br />
objective element refers to the applicant’s fear being well-founded, which means that there<br />
is a reasonable likelihood that the harm feared or some other form of harm would<br />
materialize upon return. 723<br />
Whether or not an applicant’s fear is well-founded must be assessed in the context of the<br />
situation in the country of origin, taking into account the personal profile, experiences and<br />
activities of the applicant which would put him or her at risk. While having been subjected<br />
to persecution or mistreatment in the past would normally indicate that the applicant<br />
continues to be at risk of some form of harm in the future, this is not a precondition for<br />
recognition as a refugee. 724 Additionally, the experiences of others, such as friends,<br />
relatives or persons in a similar situation as the applicant or of the same ethnic, religious or<br />
social group, may also show that the applicant’s fear of becoming a victim of the harm is<br />
well-founded. 725<br />
The 1951 Convention does not define “persecution”. However, it may be inferred from<br />
Article 33(1) of the 1951 Convention that a threat to life or freedom on account of race,<br />
religion, nationality, political opinion or membership of a particular social group constitutes<br />
persecution, as would other serious violations of human rights for the same reasons. 726 Yet,<br />
the scope of persecution should not be defined solely in terms of existing codified human<br />
rights standards. Other kinds of serious harm or treatment, may also amount to<br />
persecution. 727 Severe discrimination could also amount to persecution, in particular where<br />
livelihood is threatened. Measures which are not of a serious character by themselves, may<br />
amount to persecution on a cumulative basis.<br />
In the context of Central and Southern Iraq where extreme violence and acts of serious<br />
human rights violations by state and non-state actors is rife, the overall situation is such that<br />
there is a likelihood or reasonable possibility of serious harm. While there are reports that<br />
widespread human rights violations are perpetrated by the authorities including through use<br />
of militias, large numbers of religious and political groups commit extreme forms of<br />
723<br />
See UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status under the 1951<br />
Convention and the 1967 Protocol relating to the Status of Refugees, HCR/IP/4/Eng/Rev.1, UNHCR 1979,<br />
Reedited, Geneva, January 1992, para. 37-41, available in UNHCR’s Refworld at: http://www.unhcr.org/cgibin/texis/vtx/refworld/rwmain?docid=3ae6b3314<br />
(further: “UNHCR, Handbook”).<br />
724<br />
Ibidem, para. 45.<br />
725<br />
Ibidem, para. 43.<br />
726<br />
Ibidem, para. 51. The requirement of a link with a Convention ground is discussed below at “Link With a<br />
1951 Convention Ground”.<br />
727<br />
See UNHCR, Handbook, para. 51, see above footnote 723.<br />
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