African Energy Chamber seeks to join African Court proceeding regarding climate change
The African Energy Chamber (AEC) has applied to become an amicus curiae (friend of the court) in an advisory proceeding which is currently before the African Court on Human and Peoples’ Rights. The proceeding was initiated by the Pan African Lawyers Union, and seeks to clearly establish the legal obligations of African States, under regional human rights frameworks, when it comes to addressing climate change.
The proceeding could have major implications for the development of energy, industries and economic growth across the continent. The AEC desires that the court clarify a series of matters, such as the obligations of African States regarding climate impacts, the implementation of adaptation and mitigation measures, the protection of vulnerable populations, and ensuring accountability in development and energy policy decisions.
The AEC believes that the involvement of African States and other stakeholders in the proceedings has so far been uneven, and that this could result in its outcome not reflecting African priorities. The Chamber is concerned that climate-related advocacy and litigation across the continent is being funded or guided by non-African NGOs, with the objective of preventing the funding or development of African energy projects. It cites lawsuits trying to halt funding for the East Africa Crude Oil Pipeline, challenging TotalEnergies’ gas project in Mozambique and seeking to block oil and gas exploration in South Africa.
“We would have preferred a dialogue led by Africans on this matter,” affirms AEC executive chairperson NJ Ayuk. “Africa must not be a passive participant in decisions shaping its energy future. Our application ensures the voices of African countries, their industries and citizens are heard. Climate policy must reflect not only environmental priorities, but also the fundamental right to development and energy access.”
There are still more than 600-million Africans without access to electricity, and hundreds of millions also lack access to clean cooking technologies. Given that the continent accounts for only a small amount of global greenhouse-gas emissions, the AEC argues that Africa’s oil and gas resources still have a key role in supporting industrialisation, economic resilience and job creation.
“As a continent, we must lead this debate with clarity and conviction,” he asserts. “Decisions made today will shape Africa’s energy future for generations. Africa deserves a framework that protects its right to develop, ensures energy access and addresses climate challenges in a fair, pragmatic way – without undue influence from foreign actors or NGOs.”
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