UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

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