COMMON ANALYSIS
Last update: January 2023
In armed conflicts the targeting of civilians may have nexus to one of the reasons for persecution according to the refugee definition. Therefore, refugee status may be granted as noted in the section above.
See, for example, the profiles 3.2. Public officials and servants of the former government, 3.7. Human rights defenders, activists and others perceived as critical of the Taliban, 3.8. Journalists and media workers, 3.10. Humanitarian workers, and 3.14. Ethnic and religious minorities. Such targeted violence, furthermore, would not be considered ‘indiscriminate’.
Where refugee status is not granted, subsidiary protection needs under Article 15 QD should be examined, including in relation to indiscriminate violence in a situation of armed conflict (Article 15(c) QD).
The following assessment is based on the EUAA COI report on the security situation in Afghanistan, published in August 2022 concerning the reference period 15 August 2021 – 30 June 2022 [Security 2022] as well as the COI query on major developments in the period 1 July – 31 October 2022 [COI Update 2022]. Background information from 2021 regarding the security situation is also taken into account. Events taking place after 30 June 2022 are not taken into account in the common analysis.
This guidance should be considered valid as long as current events and developments fall within the trends and patterns of violence observed within the reference period of the mentioned COI report. New events and developments that cause substantial changes, new trends or geographical shifts in the violence, may lead to a different assessment. The security situation in a given territory should always be assessed in light of the most up-to-date COI available.
All of elements under Article 15(c) QD (Figure 2) have to be fulfilled in order to grant subsidiary protection in accordance with this provision.
Figure 2. Elements of the legal provision of Article 15(c) QD
Common analysis of the factual preconditions and guidance on the possible application of Article 15(c) QD with regard to the situation in Afghanistan are provided below.