To Be Out and In: Influencing factors in the recognition of SOGI-based asylum claims in South Africa and Kenya

This thesis examines the relationship and influence of domestic law and culture on the recognition, respect, and adherence of international refugee law as it pertains to sexual orientation and gender based asylum claims in Sub-Saharan Africa. Using South Africa and Kenya as comparative case studies, the paper explores different factors that have contributed to a discovered lack of influence of policy and culture in the practice of refugee status determination, as domestic interests, bureaucratic structure and decision making, and international affairs and involvement. The purpose of the study is to better understand the fulfillment of sexual orientation and gender based claims within the context of differing legal contexts but similar cultural ones given the unacceptance of sexual and gender non-conforming individuals throughout African culture. By examining these contexts, the goal of the study was to ascertain what factors contribute to these differences so as best practices and strategies can be used and advocated for moving forward.