Cap. 420 Art. 19Actors of protection.

(1) Protection may be provided by:

(a) the State; or

(b) parties or organizations, including international organizations, controlling the State or a substantial part of the territory of the State: Provided that, for the purpose of this article, actors of protection referred to in paragraphs (a) and (b) are willing and able to offer protection in accordance with sub-article (2).

(1A) For the purpose of this article, when assessing whether an international organisation controls a State or a substantial part of its territory and provides protection as described in sub-article (2), account shall be taken of any guidance provided for in any other relevant provision of national law, any European Union Act or relevant documentation issued by the High Commissioner.

(2) Protection against persecution or serious harm must be effective and of a non-temporary nature. Such protection is provided when the entities mentioned in sub-article (1) take reasonable steps to prevent the acts mentioned in article 17(1) by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and the applicant has access to such protection.