UNHCR's ELIGIBILITY GUIDELINES FOR ASSESSING THE ...

considered to be well-founded. To the extent that the harm feared is from non-State actors,
State protection is on the whole not available in Central and Southern Iraq. Moreover, state
agents are themselves accused of carrying out violence and other forms of human rights
transgressions. Consequently, an asylum-seeker should not be expected to seek the
protection of the authorities, and failure to do so should not be the sole reason for doubting
credibility or rejecting the claim.
Persecution
There is no definition of the term “persecution” in international law. Whether or not any
measure amounts to persecution must be determined in light of all the circumstances of the
case taking into account the personal profile, experiences and activities of the applicant
which would put him or her at risk. A threat to life or freedom, other serious harm or
serious violations of human rights would constitute persecution. 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.
Acts of extreme violence and serious human rights violations, as in large parts of Iraq
today, would rise to the level of persecution. There is no requirement under refugee criteria
that an individual has to be “targeted” for persecution in order to qualify for refugee status.
Violence perceived as generalized in nature, including against civilians, can often be linked
to one of more of the 1951 Convention grounds. Car bombs, killings, torture, kidnappings,
and other types of physical harm would amount to persecution. An asylum-seeker’s failure
to identify the perpetrator of violence should not be considered as detrimental to his/her
credibility.
Other forms of persecution are also present in relation to particular groups. They include
restrictions on the ability to practice one’s religion (as a result of legal restrictions and/or
threats of violence), severe discriminatory treatment, harassment and intimidation rising to
the level of persecution, and domestic violence, including “honour killings.”
Link to a Convention Ground
In order to fall within the refugee criteria, there must be a nexus between the relevant act or
measure and at least one of the Convention grounds. In the context of Iraq, the most
relevant Convention grounds are political opinion and religion. The main religious divide is
between the Sunnis and the Shi’ites. At the same time, given that the insurgency is Sunnidriven
and the Government is predominantly Shi’ite, there are also clear political overtones.
The ground “membership of a particular group” is also clearly applicable in some cases.
Grounds for persecution are often overlapping. Even in instances of common criminal
activity, victims are often targeted, at least in part, because of their religious or ethnic
backgrounds or membership in a particular social group.
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