384. Actors of persecution and actors of protection.

In deciding whether a person is a refugee1 or a person eligible for humanitarian protection2, persecution3 or serious harm4 can be committed by:

  1.  

    (1)     the state5;

  2.  

    (2)     any party or organisation controlling the state or a substantial part of the territory of the state6;

  3.  

    (3)     any non-state actor if it can be demonstrated that the actors mentioned in heads (1) and (2) above, including any international organisation, are unable or unwilling to provide protection against persecution or serious harm7,

and protection from persecution or serious harm can be provided8 by:

  1.  

    (a)     the state9; or

  2.  

    (b)     any party or organisation, including