Non-state actors including criminal gangs, family members, community groups, and terrorist organisations can be actors of persecution where the state fails to protect. Article 6 of the Qualification Directive defines this framework.
Two requirements must be met: the non-state conduct must reach the persecution threshold, and the persecution must be for a Convention reason. Persecution experts analyse both elements and the state's response to similar targeting.
Family and community persecution, honour-based violence, gang targeting, and vigilante violence are common non-state actor scenarios. Expert reports address state protection sufficiency and the Convention nexus.
Frequently Asked Questions
Can family members be actors of persecution?
Yes, where family-perpetrated harm reaches the persecution threshold and the state is unable or unwilling to protect. This is common in forced marriage, FGM, and honour-based violence claims. Persecution experts assess both the severity of harm and state protection.
How is the Convention reason established for non-state actor claims?
The persecution must be connected to race, religion, nationality, PSG, or political opinion. Persecution experts analyse whether the non-state targeting is motivated by a Convention reason or whether the state fails to protect for Convention reasons.