Business enterprises in renewable energy projects in Africa and the human rights questions arising from the duty to protect

Abstract

The development of renewable energy projects to meet the energy needs of African countries carries with it benefits that may lead to actualisation of certain human rights such as rights to life, health, environment, energy access and development. However, renewable energy development may lead to human right concerns arising from the activities of project participants, which can adversely affect right to property, life, health, among others. It is expedient that human rights are protected and, states exercise their duty to protect these rights from being infringed upon by companies undertaking renewable energy businesses. The chapter examines how the United Nations Guiding Principles (UNGPs) on Business and Human Rights provides an important normative framework (particularly, on duty to protect) for advancing energy access, especially renewable energy projects across Africa. It also examines how the effective implementation of the UNGPs by business enterprises and states can ensure that renewable energy projects do not adversely affect the fundamental human rights of the people. The chapter contends that the UNGPs is relevant and may be mainstreamed in the law of African states to protect human rights by encouraging the deployment of renewable energy and in the same token, take measures to ensure that the promotion of renewable energy projects does not adversely affect the fundamental human rights of the people