Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

80 | PRACTITIONERS GUIDE No. 6and implemented in national legislation by many Latin American States.It has been endorsed by the Organisation of American States (OAS),by UNHCR’s Excom and by the Conference of the States Parties to theGeneva Refugee Convention. 162 Certain Asian and African countries,which are parties to the Asian-African Legal Consultative Organisation,may derive elements of their legislation from the Revised BangkokDeclaration which includes within its definition of refugee “every person,who, owing to external aggression, occupation, foreign domination orevents seriously disturbing public order in either part or the whole of hiscountry of origin or nationality, is compelled to leave his place of habitualresidence in order to seek refuge in another place outside his countryof origin or nationality.” 163 In EU law, the EU Qualification Directive (see,Box No. 6) grants complementary protection (known in the Directive as“subsidiary protection”) to people facing “serious and individual threatto a civilian’s life or person by reason of indiscriminate violence in situationsof international or internal armed conflict”. 164Finally, some people, who cannot return to their country because ofnon-refoulement concerns under human rights law, are nonetheless leftunprotected by the Geneva Refugee Convention or the regional instrumentsdescribed above. In these situations, certain regional organisations,like the EU, as well as national laws have afforded them othercomplementary forms of protection.Box 6. The EU approach: “subsidiary protection”Within the European Union, the Directive 2011/95/EC of13 December 2011 on standards for the qualification of thirdcountry nationals or stateless persons as beneficiaries of internationalprotection, for a uniform status for refugees andfor persons eligible for subsidiary protection, and for the contentof the protection granted (recast) (“the EU QualificationDirective”) establishes that international protection be grantednot only to refugees but also to persons eligible for “subsidiaryprotection”. “Subsidiary protection” is granted to third countrynationals or stateless persons not qualifying for refugee status“but in respect of whom substantial grounds have beenshown for believing that the person concerned, if returned tohis or her country of origin, or in the case of a stateless per-162 See, OAS General Assembly Resolution 1273 (XXIV–0/94) of 10 June 1994; ConclusionNo. 77, UNHCR, op. cit., fn. 79; 2001 Ministerial Declaration of States Parties to the 1951Convention and/or 1967 Protocol.163 1966 Bangkok Principles on Status and Treatment of Refugees, adopted on 24 June 2001 atthe Aalco’s 40 th session, New Delhi, Article I.2 (Revised Bangkok Declaration).164 Article 15, EU Qualification Directive, op. cit., fn. 98.