4.1.2 The Principle of Non-refoulement in the Refugee Context Applicable to Victims of Trafficking in Human Beings Case Study 6 The Refugee Convention protects refugees from expulsion, but in order to be recognized as a refugee, several criteria need to be fulfilled. Firstly, refugees must have a wellfounded fear of being persecuted; secondly, they have to be persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group; thirdly, the refugee has to be outside the country of her or his nationality or former habitual residence. Fourthly, the person must be unwilling or unable, owing to the fear of persecution, to avail of the protection of that country of nationality or former habitual residence.112 In general, it can be said that not all victims of trafficking in human beings or potential victims fall within the scope of the Refugee Convention, nor are they recognized as refugees. The circumstances of each individual case decide whether a well-founded fear of persecution is given or not.113 The threat of being trafficked again can amount to persecution. In cases of trafficking in women and children for the purpose of sexual exploitation, a form of genderrelated violence is given, which also may constitute persecution. 114 Case Study 7 In cases of trafficking in human beings, the persecution is usually conducted by private actors, such as the traffickers. Persecution by individuals and not by State authorities can be seen as persecution when the acts are tolerated by the authorities or if the authorities refuse or are unable to offer protection. The mere existence of a law against trafficking in human beings may not be sufficient. Measures of protection and prevention have to be implemented effectively in practice; otherwise the fear of persecution of the individual is likely to be well-founded.115 In order to be recognized as refugee, a person’s well-founded fear of persecution must relate to one or more of the grounds of the Refugee Convention. Trafficked persons or potential victims of trafficking in human beings and their fear of persecution may be linked to any of these grounds, depending on the individual case. For example, trafficked persons can form a particular social group based on their common past experience of having been trafficked. 116 113 Guidelines on International Protection: The application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked madame. – – 114 29