16. Not all sources of possible protection are tantamount to State protection. For example, if
the area is under the control of an international organisation, refugee status should not be
denied solely on the assumption that the threatened individual could be protected by that
organisation. The facts of the individual case will be particularly important. The general rule is
that it is inappropriate to equate the exercise of a certain administrative authority and control
over territory by international organisations on a transitional or temporary basis with national
protection provided by States. Under international law, international organisations do not have
the attributes of a State.
17. Similarly, it is inappropriate to find that the claimant will be protected by a local clan or
militia in an area where they are not the recognised authority in that territory and/or where
their control over the area may only be temporary. Protection must be effective and of a
durable nature: It must be provided by an organised and stable authority exercising full control
over the territory and population in question.
Would the claimant be exposed to a risk of being persecuted or other serious harm
upon relocation?
18. It is not sufficient simply to find that the original agent of persecution has not yet
established a presence in the proposed area. Rather, there must be reason to believe that the
reach of the agent of persecution is likely to remain localised and outside the designated
place of internal relocation.
19. Claimants are not expected or required to suppress their political or religious views or
other protected characteristics to avoid persecution in the internal flight or relocation area.
The relocation alternative must be more than a “safe haven” away from the area of origin.
20. In addition, a person with an established fear of persecution for a 1951 Convention
reason in one part of the country cannot be expected to relocate to another area of serious
harm. If the claimant would be exposed to a new risk of serious harm, including a serious risk
to life, safety, liberty or health, or one of serious discrimination,8 an internal flight or relocation
alternative does not arise, irrespective of whether or not there is a link to one of the
Convention grounds.9 The assessment of new risks would therefore also need to take into
account serious harm generally covered under complementary forms of protection.10
21. The proposed area is also not an internal flight or relocation alternative if the conditions
there are such that the claimant may be compelled to go back to the original area of
persecution, or indeed to another part of the country where persecution or other forms of
serious harm may be a possibility.
C.
The reasonableness analysis
22. In addition to there not being a fear of persecution in the internal flight or relocation
alternative, it must be reasonable in all the circumstances for the claimant to relocate there.
This test of “reasonableness” has been adopted by many jurisdictions. It is also referred to as
a test of “undue hardship” or “meaningful protection”.
23. The “reasonableness test��� is a useful legal tool which, while not specifically derived from
the language of the 1951 Convention, has proved sufficiently flexible to address the issue of
whether or not, in all the circumstances, the particular claimant could reasonably be expected
to move to the proposed area to overcome his or her well-founded fear of being persecuted. It
is not an analysis based on what a hypothetical “reasonable person” should be expected to
8
See UNHCR Handbook, paras. 51–52.
A more general right not to be returned to a country where there is a risk of torture or cruel or inhuman
treatment is found, either explicitly or by interpretation, in international human rights instruments. The
most prominent are Article 3 of the Convention against Torture 1984, Article 7 of the International
Covenant on Civil and Political Rights 1966, and Article 3 of the European Convention for the Protection
of Human Rights and Fundamental Freedoms 1950.
10
See UN docs. EC/50/SC/CRP.18, 9 June 2000 and EC/GC/01/18, 4 September 2001.
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