One of the biggest challenges for SA’s just transition framework, which is being developed by the Presidential Climate Commission (PCC), is to ensure that the country’s progression to a less carbon-intensive energy sector is indeed just and fair, and doesn’t lead to job losses and hardship for the vulnerable.
During months of consultation on the draft framework, the PCC has heard from communities from across the country who are at risk as SA moves away from coal as its main source of power generation.
A report, published by the Business & Human Rights Resource Centre, UK-based NGO, took cases studies from Kenya that offer a sobering assessment on the shift to green energy.
The report found that some projects in that country — which gets 70% of its power from renewable sources including solar, wind, geothermal, and hydropower — have been linked to allegations of rights violations, loss of livelihood and violations of the rights of local communities, including their right to free, prior and informed consent.
It also found that the resulting protests have led to project delays and ballooning costs for investors.
Locally, The PCC has also heard from those communities that may be affected by the mining and exploration for other energy sources, such as gas, and the mining of “green metals” essential to the energy transition for their use in the manufacture of solar panels, wind turbines, electric vehicles, and green hydrogen.
The Business & Human Rights Resource Centre report warns that “green energy developments risk replicating the fossil fuel extraction model, well known for its problematic human rights record”.
To achieve fast shifts to renewable energy African countries, need to avoid the delays and suspensions caused by “irresponsible approaches”, the report says.
“Rapid expansion of investment in both renewable energy projects as well as extraction of transition minerals in Africa in the coming years is vital to the local and global transition to clean energy. Geopolitics have sharpened this focus as global consumers cut ties with Russian oil and gas and seek alternative energy sources,” said Michael Clements, programme director for the Business & Human Rights Resource Centre.
However, Clements said, research shows the industry still has a long way to go in identifying and mitigating human rights risks and consequent risks for investors.
The report refers to renewable energy installations in Kenya that have been the subject of allegations of rights violations, loss of livelihoods, and violations of the rights of indigenous peoples, including the right to free, prior and informed consent by affected communities.
One case study looked at Kinangop’s 60MW wind park project that was cancelled in 201 after local landowners protested the compensation they received for their land. The locals feared that the turbines would cause health problems and that they would be forced to sell their land. The project ultimately failed due to the protests and attempts by the company to get compensation at the International Court of Arbitration were also unsuccessful.
This and other examples from Kenya show that land-related grievances form the highest percentage of complaints by local communities. A high number of cases reveal lack of information and failure to obtain fully informed consent are significant issues, resulting in protests by communities.
The report suggests that investors should play a role in ensuring that those renewable energy or mining companies they invest in operate in a way that respect the rights of communities that may be affected.
Investors should undertake rigorous human rights and environmental due diligence and review companies for any past involvement in human rights abuses.
In addition, the report says, where an indigenous community is affected, investors should require companies to ensure that all aspects of their operations are respectful of the indigenous community’s rights, including the right to fair, prior and informed consent.
Update: June 14 2022
This story has been updated with additional information from the Business & Human Rights Resource Centre
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