The State

COMMON ANALYSIS
Last updated: June 2019
 

The term ‘State’ (Article 7(1)(a) QD) encompasses any organ exercising legislative, executive, judicial or any other functions and acting at any level, be it central, federal, regional, provincial or local. Sometimes, private entities may also be given State powers and made responsible for providing protection under the control of the State.

In order to qualify as an actor of protection, the State has to be able and willing to protect persons under its jurisdiction.

The protection in the country of origin has to meet three cumulative conditions. It has to be:

 
Figure 11. Requirements to the protection in the country of origin in accordance with Article 7 QD.

It should also be kept in mind that effective protection is presumed not to be available where the State or agents of the State are the actors of persecution or serious harm (Recital 27 QD).

The availability of protection is addressed separately for the Iraqi State and the KRG.


 

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