New research published today (6 August 2024) explores the existing legal frameworks in Africa that can help facilitate and promote shared prosperity between governments, the private sector and frontline communities for an energy transition that is centred on human rights.

Published by the Business & Human Rights Resource Centre, the report is based on research and interviews with legal experts from six countries in Africa: Ghana, Kenya, Sierra Leone, South Africa, Tanzania and Zimbabwe. It looks at key learnings from benefit sharing legislative frameworks, which have the potential to contribute to an energy transition that is equitable, sustainable and just.

Key findings from the six countries included:  

Clear frameworks for community benefit sharing in the mining and renewable energy sectors are essential. These should go beyond governments’ basic social and economic obligations and include clear corporate accountability requirements. Governments should introduce regulatory interventions and make such benefit sharing mandatory, as well as monitor implementation through capacitated agencies.

Laws should require safe, inclusive community participation in all stages of a just transition mining or renewable energy project - and secure free, prior and informed consent from Indigenous Peoples – as well as full integration of communities into governance structures and administrative procedures. 

Legislative initiatives which enhance local land control are critical, for example Sierra Leone’s groundbreaking 2023 laws which enshrines the right to community consent in the context of industrial developments.  

Legal frameworks governing benefit-sharing arrangements should genuinely be responsive to community needs, and provide tangible benefits, including for women.  

Communities must have access to proper technical and financial support to create appropriate legal entities and negotiate meaningful benefit sharing agreements that truly address community needs. 

Elodie Aba, Senior Legal Researcher, Business & Human Rights Resource Centre, said: “The global transition to renewable energy offers extraordinary opportunities, as well as challenges, for the world. Our research has consistently shown both the opportunity of the transition and the challenges – how the renewable energy and transition mineral mining sectors are linked to human rights abuses, such as numerous instances of land and resource dispossession, displacement, livelihood destruction, community disintegration and criminalisation of human rights defenders. However, alternative models and the legal frameworks that enable them are possible – and already exist: not just in the Global North, where they may be better known, but also in the Global South.  

“Our new report focuses on legal frameworks for direct benefit-sharing mechanisms with local communities – which go beyond voluntary corporate social responsibility efforts by businesses, which are typically insufficient when it comes to delivering sustainable benefits to communities. Renewable energy and transition mineral mining sectors that respect, and even promote, human rights are possible – and can benefit communities, companies and investors alike while enabling the urgent energy transition our planet needs.” 

Manson Gwanyanya, Researcher & Representative for South & Anglophone Africa, Business & Human Rights Resource Centre, said: “A renewable energy and extractives sector that respects human rights and generates shared prosperity is possible. Several countries across Africa are leading the way with legislative frameworks that have the potential to help deliver shared prosperity for the communities whose land and resources are crucial for the energy transition. Now is the moment for governments everywhere to build on the lessons learned from these frameworks to ensure equitable and effective direct benefit-sharing mechanisms with communities which are a key element of the just energy transition going forward. 

“As countries pledge to increase their renewable energy capacity, governments everywhere should learn from the successes and pitfalls of existing legislative frameworks in Africa to mandate shared prosperity in their countries. The lessons on offer can contribute to an energy transition that is genuinely equitable, sustainable and just – in Africa and beyond.”

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Notes to editors: 

• The Business & Human Rights Resource Centre is an international NGO that tracks the human rights impacts (positive and negative) of more than 10,000 companies across nearly 200 countries. We seek responses from companies when concerns are raised by civil society.
• Embargoed copies of the report are available upon request. 

Media contact: Priyanka Mogul, Senior Media Officer, Business & Human Rights Resource Centre ([email protected])