only “protection proper” – that is, the right of diplomatic protection exercised by a State of nationality in order to remedy an internationally wrongful act against one of its nationals – but diplomatic and consular protection and assistance generally, including return to the State of nationality. 11.3 Valid reasons for being unwilling to avail oneself of protection What is considered as a valid reason by one State may not be considered as valid by another. Absent a consensus amongst States on what constitutes a valid reason, any determination that a particular reason is valid would be binding only for the State making that determination. This would normally be the case even if the person claiming to be de facto stateless is objecting to any conduct of his or her State of nationality that may be illegal under international law. The existing global and regional refugee protection instruments reflect the current consensus of States on what constitute “valid reasons” for refusing the protection of one’s country of nationality. Persons who refuse the protection of the country of their nationality when it is available and who do not fall under one or more of the aforementioned instruments are not de facto stateless. Global refugee protection instruments For purposes of the 1951 Convention/1967 Protocol relating to the Status of Refugees, a refugee is a person who “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence … is unable or, owing to such fear, is unwilling to return to it.” Refugees are thus either de jure or de facto stateless. “De jure stateless refugees” are persons not having a nationality who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, are outside the country of their former habitual residence and are unable or, owing to such fear, are unwilling to return to it. “De facto stateless refugees” are persons who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, are outside the country of their nationality and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country. In the case of refugees who are unwilling to avail themselves of the protection of the country of their nationality, it is their well-founded fear of being persecuted which gives rise to their “valid reasons” for refusing such protection and hence to their de facto statelessness. 62