The African Energy Chamber (AEC) has formally submitted its request to be admitted as an amicus curiae—an external party that intervenes in proceedings to provide arguments or technical expertise to the court— in a landmark advisory case before the African Court on Human and Peoples’ Rights (AfCHPR), marking a strategic step toward ensuring that the continent’s energy priorities are represented in a case with far-reaching implications for Africa.
The case, initiated by the Pan-African Lawyers Union, seeks to clarify the legal obligations of African states in responding to climate change within the framework of regional human rights mechanisms. While the petition highlights Africa’s vulnerability to climate impacts, it also raises critical questions about how such obligations might be interpreted in practice—particularly with regard to energy development, industrialization, and economic growth.
The petition asks the Court to clarify a number of issues, including states’ obligations to address climate impacts, protect vulnerable populations, implement mitigation and adaptation measures, and ensure accountability in energy and development policy decisions. The involvement of African countries and stakeholders has been uneven, raising concerns that the outcomes may not fully reflect the continent’s priorities.
For the AEC, the stakes are high. Across the continent, there is growing concern that climate-related litigation and advocacy—often funded or driven by foreign nongovernmental organizations (NGOs)—have sought to block the financing or development of African energy projects.
Recent examples include lawsuits challenging the financing of 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 that African voices should lead the debate.
“We would have preferred an African-led dialogue on this issue,” says NJ Ayuk, CEO of the AEC. “Africa must not be a passive participant in the decisions that shape its energy future. Our petition ensures that the voices of African countries, their industries, and their citizens are heard. Climate policy must reflect not only environmental priorities but also the fundamental right to development and access to energy.”
Africa accounts for a small fraction of global greenhouse gas emissions, yet it remains the world’s most energy-deprived region. More than 600 million people still lack access to electricity, while clean cooking solutions remain out of reach for hundreds of millions of people. In this context, the African Energy Chamber argues that oil and gas resources will continue to play a vital role in promoting industrialization, job creation, and economic resilience.
Through its submission, the AEC aims to provide the court with sector-specific perspectives on the intersection of climate change, human rights, and energy development. In particular, the chamber emphasizes the importance of a balanced and inclusive energy transition that incorporates hydrocarbons alongside renewable energy solutions.
The advisory opinion comes amid a broader global trend of climate-related litigation, underscoring the need for the continent’s institutions to actively engage in shaping legal frameworks. Ensuring that African perspectives and priorities are central to these debates is essential 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,” added Ayuk. “The decisions made today will shape the energy future for generations to come. Africa deserves a framework that protects its right to development, ensures access to energy, and addresses climate challenges in a fair and pragmatic manner—without undue influence from foreign actors or NGOs.”
The Chamber’s involvement marks the beginning of a broader effort to inform, mobilize, and align stakeholders across the continent, helping to safeguard Africa’s right to develop its energy resources in a responsible and sustainable manner.
Source: African Energy Chamber
