Season 2: Episode 9: Allan Achesa Maleche

International Human Rights Lawyer and Global Health Expert

How to change the world as an international human rights lawyer?

On a regular Thursday, Allan started his day by moderating a UN General Assembly session in New York City on how to achieve inclusive governance and what we have learned from the HIV response. The day before, he won a case after 9 years in litigation, where four women living with HIV challenged their forced and coerced sterilization. The ruling marked a historic moment, as it was the first time a court had declared such an act discriminatory.

Allan is internationally educated and trained, including at Georgetown Law and Harvard University T.H. Chan School of Public Health. He is the recipient of numerous prestigious awards in social justice and human rights law, including Economic and Social Rights Pro Bono Lawyer of the Year Award and the Elizabeth Taylor Human Rights Award. What are the most important takeaway(s) from his legal education in the U.S.? What are the important lawyering skills internationally trained lawyers need to possess to excel and thrive? Who are his role models in the law?

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Tell us about your work.

In my role as the Executive Director of Kenya Legal & Ethical Issues Network (KELIN), an advocate and litigator for health justice, I have had the privilege of dedicating over fifteen years to advancing the intersection of law, health, and human rights. My work encompasses a wide array of critical disease and social areas, ranging from HIV and Tuberculosis to addressing the pressing challenges brought about by COVID-19. I have also ventured into the transformative field of Digital Health while championing causes such as Gender Equity, Sexual and Reproductive Health, Maternal and Child Health, Anti-corruption efforts, and the complex realm of Global Health Governance.

Throughout my career, I've been deeply involved in designing and managing rights-based programs aimed at safeguarding the rights and well-being of affected, marginalized, and vulnerable populations. These initiatives have extended across national, regional, and global levels, providing me with a unique perspective on the multifaceted challenges faced by diverse communities.

Some of the most significant milestones in my career include groundbreaking litigation cases that have reshaped the landscape of health justice. Notably, I was involved in successful cases related to the coerced sterilization of women living with HIV, and the imprisonment of individuals with TB who had interrupted their treatment. The ruling on forced sterilization marked a historic moment, as it was the first time a court had declared such an act discriminatory. In the realm of TB, our efforts not only influenced changes in Kenya's national TB policy but also had a lasting impact on other countries that followed suit. The recognition of our work through the prestigious Kochon Prize was truly an honor.

On the global stage, I have served as a technical advisor and board member within the development partner and civil society sectors. My involvement with the Developing Country NGO delegation on the Global Fund to Fight AIDS, Tuberculosis, and Malaria's Board allowed me to lead the Implementers Group, representing LMIC governments, communities, and civil society. This role ultimately led to my election as an alternate board member and board member of the Developing Country NGO Delegation, and I also secured a position on the Audit and Finance Committee. My contributions to the International Advisory Group at the Global Health Centre of the Graduate Institute, UNAIDS Human Rights, and the International AIDS Society – Lancet Commission on Health and Human Rights have further solidified my status as a global thought leader in the field.

I am proud to have received two prestigious awards, the Economic and Social Rights Pro Bono Lawyer of the Year Award in 2016 and the Elizabeth Taylor Human Rights Award in 2018. These accolades serve as a testament to my unwavering commitment to this passion-driven work, aiming to ensure equity, justice, and the preservation of the rights of the communities I serve.

What are the most important takeaway(s) from your legal education in the U.S.? How does it impact your subsequent career?

One of the key takeaways from my U.S. legal education is a deep and comprehensive understanding of national and international legal frameworks related to health and human rights. This knowledge has been instrumental in my ability to analyze, interpret, and apply legal principles to address complex health challenges in Africa. Studying at Georgetown Law provided me with an international perspective on health and human rights issues. This global outlook has allowed me to approach advocacy work with a broader understanding of how local actions can have global implications and vice versa.

The Georgetown LLM program on National and Global health law emphasized international law, which is a cornerstone of health and human rights advocacy. This expertise has been invaluable in my work, enabling me to engage in international dialogues, collaborate with global regional, national and US based organizations, to advocate for the rights of marginalized communities on an international stage.

The LLM program helped enhance my legal research and analytical skills: These skills have enabled me to conduct in-depth research, stay updated on legal developments, and develop well-informed arguments and policy recommendations.

I had numerous Networking Opportunities on and off campus as Georgetown Law and the O’Neill Institute provided ample opportunities for networking with legal scholars, practitioners, and activists. These connections have expanded my professional network and provided valuable support for my advocacy initiatives.

What are the important lawyering skills that enable you to do what you do well?

In order to succeed as an advocate and litigator on health and human rights. One needs to ensure that they have the right legal expertise.  You need a deep understanding of national and international health and human rights laws is fundamental. This includes knowledge of treaties, conventions, and domestic laws relevant to health and human rights, enabling you to navigate complex legal frameworks effectively.

Research and analytical thinking are the other two skills one needs to have on board to succeed as health and human rights practitioner: The ability to conduct comprehensive legal research is essential. This skill helps you stay updated on legal developments, identify relevant cases and precedents, and provide well-informed recommendations and arguments. Strong analytical skills allow you to dissect complex legal issues, assess their implications, and develop innovative legal strategies to address health and human rights challenges effectively.

Effective communication skills, both written and oral, are crucial for conveying legal arguments, writing persuasive briefs, and advocating for policy changes. Being able to explain legal concepts clearly to diverse audiences, including policymakers, the public and affected communities is critical.

Given that my work entails working a lot with vulnerable and marginalized populations, empathy and compassion are essential skills for understanding the experiences and needs of those affected and for advocating on their behalf effectively.

Advocacy and Persuasion, ethical awareness, networking and time management are some of the other skills I have found to be useful to succeed as a health and human rights practitioner.

Who is your role model in the law? And why?

I draw inspiration from a diverse array of individuals who have influenced various aspects of my legal career. Each of them has left an indelible mark on my journey:

Justice Edwin Cameron: As the highest-ranking African Government official to make public his HIV status, His passionate advocacy for the rights of people living with HIV using the law has been a powerful source of inspiration, highlighting the transformative potential of the legal profession.

Mr. Ambrose Rachier (KELIN Board Chair): Mr. Rachier's keen ability to pinpoint legal and ethical issues related to healthcare and his guidance on this professional path have been invaluable. He has also instilled in me the virtue of humility.

Prof. Alicia Yamin (Harvard): Prof. Yamin's guidance on rights-based approaches and the intersectionality of human rights with other fields has played a critical role in shaping my advocacy work.

Prof. Meg Davis: Her exceptional research and writing skills in sociology as it relates to emerging human rights issues have continually inspired me, reinforcing the importance of robust scholarship in advancing health and human rights.

Thomas Sankara (Late): The late Thomas Sankara's was a strong advocate of Pan-Africanism, emphasizing the need for African countries to unite and work together to overcome colonial legacies and external influences. His strong stance against corruption in government was remarkable.

Colleagues in the HIV, TB, and SRHR Movement: Numerous colleagues in these fields continue to provide inspiration and courage, motivating me to persevere in this vital work. While I may not have one specific role model, the collective wisdom and dedication of these individuals have guided and fueled my commitment to health and human rights advocacy.