As Africa enters a critical decade of energy development and industrialisation, the demand for reliable power, sustainable infrastructure and clean energy sources is reshaping the investment landscape. At the same time, the imperative to transition responsibly—without infringing on the rights of individuals or communities—is more urgent than ever.
Business and Human Rights (BHR) offers a framework for managing this tension. Rooted in the UN Guiding Principles on Business and Human Rights (UNGPs), it sets out how businesses should respect human rights throughout their operations and supply chains, and how states must protect those rights through regulation, enforcement and access to remedy. For energy stakeholders—governments, investors, developers and communities—BHR is no longer a peripheral concern. It is a core driver of responsible growth, risk management and legitimacy in a rapidly evolving global and African energy ecosystem.
What is Business and Human Rights (BHR)?
BHR is anchored in three foundational pillars of the UNGPs:
1. The state duty to protect human rights through policies, regulation and enforcement;
2. The corporate responsibility to respect human rights by conducting human rights due diligence (HRDD); and
3. Access to remedy for individuals and communities affected by business-related harm.
While once viewed as a voluntary commitment, these principles are increasingly being entrenched in binding legal frameworks. Recent instruments such as the EU Corporate Sustainability Due Diligence Directive (CSDDD), Germany's Supply Chain Act, and France's Duty of Vigilance Law impose legal obligations on companies (including private enterprises) to identify, prevent and mitigate human rights and environmental risks across global value chains—and create liability for failing to do so.
Why BHR Matters in the Energy Sector
Energy projects—whether related to oil, gas, renewables or critical mineral extraction—have a disproportionately high human rights risk profile. Common risks include:
- Displacement of communities through land acquisition or infrastructure expansion;
- Adverse impacts on indigenous peoples' cultural rights;
- Inadequate stakeholder engagement and lack of Free, Prior and Informed Consent (FPIC);
- Labor rights violations in construction and mineral supply chains;
- Environmental degradation affecting water, health and livelihoods; and
- The use of excessive security forces or militarisation of project zones.
In an age of rising stakeholder activism, ESG litigation and reputational exposure, energy companies that fail to integrate BHR into their business models risk project delays, financing constraints, legal liability and community opposition. Conversely, companies that lead on BHR create resilience, de-risk investments and foster enduring partnerships with governments and communities.
Africa's Energy Future: Unlocking Opportunity, Embedding Responsibility
Africa is poised to become one of the most dynamic frontiers for energy investment globally. The continent's population is growing rapidly, with urbanisation and industrialisation driving exponential energy demand. At the same time, Africa is richly endowed with renewable resources and critical minerals that are essential to the global clean energy transition.
Major energy investment opportunities include:
- Utility-scale solar, wind and hydro projects powering urban growth;
- Off-grid and mini-grid solutions bringing electricity to underserved rural areas;
- Cross-border energy infrastructure that links regional power pools and boosts energy security;
- Hydrogen, green ammonia and energy storage ventures attracting global partnerships;
- Local beneficiation and value addition of critical minerals such as cobalt, lithium and graphite.
Countries such as Kenya, South Africa, Namibia, Egypt, and the Democratic Republic of the Congo are already hubs of activity. Projects such as Kenya's Lake Turkana Wind Power Project, South Africa's Renewable Energy Independent Power Procurement Programme (REIPPP), and Namibia's ambitions in green hydrogen are reshaping the narrative. However, several of these projects have encountered friction regarding land use, community engagement and benefit-sharing.
This underscores why BHR is not only relevant—it is essential. African energy development often intersects with vulnerable communities, informal land tenure, historical marginalisation and weak governance environments. Failing to address these dynamics invites risk; integrating BHR offers a pathway to do better.
BHR can help companies:
- Build and maintain a social licence to operate;
- Secure funding from development finance institutions and ethical lenders that mandate HRDD;
- Prevent litigation, protests and reputational harm; and
- Align with host government development goals and Africa's Agenda 2063.
Importantly, Agenda 2063 seeks to position Africa as a global powerhouse, one committed to inclusive and sustainable development. This mirrors the core language and aims of BHR.
For African states, embedding BHR into national energy policy enhances investor confidence and future-proofs infrastructure development. It also empowers governments to regulate more effectively and ensure that energy development is not only fast—but fair.
Global Lessons: Litigation and BHR in the Energy Transition
While Africa is on the cusp of major energy and infrastructure development, recent legal developments in the Global North offer cautionary insights:
- Shell v Okpabi (UK): The UK Supreme Court confirmed that parent companies can be held liable for human rights harms caused by foreign subsidiaries. Although the case arose from alleged environmental damage in the Niger Delta, the precedent may apply well beyond that context.
- TotalEnergies climate litigation (France): NGOs sued the oil major under France's Duty of Vigilance Law, which creates binding obligations on entities (including parent companies) to identify, prevent, mitigate and redress human rights and environmental impacts resulting from their own activities, as well as those companies under their control, subcontractors and suppliers.
- Fosen Wind Farm case (Norway): The Norwegian Supreme Court ruled that land expropriation and licensing for certain wind farms violated the rights of Sámi indigenous reindeer herders under international law, highlighting the importance of FPIC, even in the context of renewable energy development.
These cases reinforce that the energy transition itself carries human rights risks. Whether in the Global North or South, renewable does not automatically mean responsible. If clean energy is built on compromised rights, it will not be sustainable in the long term.
Conclusion: Charting a Rights-Respecting Path for Africa's Energy Sector
Africa has a unique opportunity to leapfrog—not only in technology, but in governance. By embedding Business and Human Rights into the DNA of energy projects, the continent can avoid replicating extractive models of the past and build an energy future that is clean, inclusive and equitable.
For developers, investors and governments, the message is clear: modern considerations extend well beyond megawatts and minerals. Respecting human rights is not a constraint—it is a catalyst for sustainable growth.
