4. Actors of protection

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COMMON ANALYSIS
Last updated: June 2019

This chapter looks into the topic of protection against persecution or serious harm and analyses whether the relevant actors in Iraq meet the requirements of Article 7 QD.

Article 7(1)(2) of the Qualification Directive
Actors of protection
  1. Protection against persecution or serious harm can only be provided by:
(a) The State; or
(b) Parties or organisations, including international organisations, controlling the State or a         substantial part of the territory of the State;
      provided they are willing and able to offer protection in accordance with paragraph 2.
  1. Protection against persecution or serious harm must be effective and of a non-temporary nature. Such protection is generally provided when the actors mentioned under points (a) and (b) of paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, inter alia, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to such protection.
 
 The contents of this chapter include: 
 
The State: outlining and analysing the capacity of the Iraqi State and of the Kurdistan Regional Governemnt (KRG) to provide protection in accordance with Article 7 QD;
 
Parties or organisations: analysing whether other parties or organisations could qualify as actors of protection under Article 7 QD.