JOHANNESBURG, South Africa – The African Energy Chamber (AEC) has formally submitted its application to be admitted as amicus curiae in a landmark advisory proceeding before the African Court on Human and Peoples’ Rights, marking a strategic step to ensure Africa’s energy priorities are represented in a case with far-reaching implications for the continent.
The case, initiated by the Pan African Lawyers Union, seeks to clarify the legal obligations of African states in addressing climate change under regional human rights frameworks. While the request underscores Africa’s vulnerability to climate impacts, it also raises critical questions about how such obligations could be interpreted in practice – particularly in relation to energy development, industrialization and economic growth.
The request asks the Court to clarify a range of issues, including state obligations to address climate impacts, protect vulnerable populations, implement mitigation and adaptation measures, and ensure accountability in energy policy and development decisions. Engagement from African states and stakeholders has been uneven, raising concerns that outcomes may not fully reflect the continent’s priorities.
For the AEC, the stakes are significant. Across the continent, there is growing concern that climate-related litigation and advocacy – often funded or guided by foreign NGOs – has sought to block financing or development of African energy projects. Recent examples include lawsuits challenging funding for the East African Crude Oil Pipeline, gas development in Mozambique by Total Energies and aggressive litigation in South Africa targeting oil and natural gas exploration. The Chamber believes African voices must lead the conversation.
“We would have preferred a dialogue led by Africans on this matter,” says NJ Ayuk, AEC Executive Chairman. “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.”
Africa accounts for a small share of global greenhouse gas emissions, yet remains the most energy-poor region in the world. More than 600 million people still lack access to electricity, while clean cooking solutions remain out of reach for hundreds of millions more. In this context, the AEC maintains that oil and gas resources will continue to play a vital role in enabling industrialization, job creation and economic resilience.
Through its submission, the Chamber aims to provide the Court with sector-specific insights on the intersection of climate change, human rights and energy development. In particular, the AEC emphasizes the importance of a balanced and inclusive energy transition, incorporating hydrocarbons alongside renewable energy solutions.
The advisory opinion comes amid a broader global trend of climate-related litigation, reinforcing the need for African institutions to actively engage in shaping legal frameworks. Ensuring that African perspectives and priorities are central to these debates is critical to achieving outcomes that are fair, equitable, and aligned with the continent’s development ambitions.
“As a continent, we must lead this debate with clarity and conviction,” Ayuk added. “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.”
The Chamber’s engagement marks the start of a broader effort to inform, mobilize and align stakeholders across the continent, helping to safeguard Africa’s right to responsibly and sustainably develop its energy resources.
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