International law expert, Prof. Damilola Olawuyi (SAN) has called on investors and businesses to align their business practices, policies, processes, governance structures and decisions with the international law requirements.
This, he said, is important, especially the requirement to “respect, promote and consider human rights when taking action to address climate change.” He challenged all stakeholders to avoid greenwashing and misleading claims on energy transition programmes through clear, credible, transparent, and accessible reporting.
The senior lawyer, who is also a UNESCO Chair on Environmental Law and Sustainable Development at Hamad Bin Khalifa University (HBKU) Doha, Qatar, made these remarks while delivering a keynote lecture at the 13th Annual Conference of the African Society of International Law held in Lagos.
The theme was “Africa and the Energy Transition.” Olawuyi said civil society and impacted communities, including indigenous peoples and human rights defenders, play a critical role in enabling businesses and investors to identify, prevent and address human rights risks. He called for increased financial incentives and support to drive private sector investment in homegrown energy solutions needed to address energy poverty across the African continent.
The conference had in attendance lawyers, business executives, diplomats, and leading experts across Africa. They include a Professor at the University of Geneva, Switzerland and President of the African Society of International Law, Makane Moise Mbengue; an independent Arbitrator and Chair of the 2024 African Society of International Law (AfSIL) yearly conference, Mrs Funke Adekoya (SAN); Partner, Cleary Gottlie, Laurie Achtouk-Spivak and Prof Yenkong Ngangjoh-Hodu, of the University of Manchester.
Others were the founder, EtinPower Limited, Prof Yinka Omorogbe (SAN), CEO; Economic Affairs Officer, UNCTAD, Dafina Atanasova; General Counsel & Company Secretary, Nigerian National Petroleum Company Limited, Chidi Momah; Professor of Energy, University of Lagos, Yemi Oke (SAN), amongst other notable speakers.
In his keynote lecture, Prof. Olawuyi (SAN) noted that “the clean energy transition is both an urgent necessity and a profound opportunity for Africa.” According to him, it is an opportunity for African countries to leverage their comparative advantages as suppliers of natural gas, as well as energy transition minerals, that are in high demand across the world and needed to power renewable energy technologies as well as hydrogen infrastructure projects.
“It is also an opportunity for homegrown energy entrepreneurs to unlock mini and micro energy grids that can deliver clean and reliable energy to underserved communities,” he said.
While noting Africa’s potential as a strategic hub for solar, wind and hydrogen projects, Olawuyi called on governments across the continent to make the investment climate more attractive to sustain the needed flow in technology and energy.
“In my travels, I see that several investors worldwide are seeking new hubs for green investment, but are we ready for such green opportunities?
“We cannot attract the sustained investment flows needed to achieve a just energy transition without addressing barriers that energy entrepreneurs face in Africa. I look forward to working with all of you in proffering practical and innovative solutions in this regard,” he said.
The panel discussions at the conference examined the legal, contractual and regulatory innovations to unlock fair and inclusive investments, as well as technologies needed to ensure that African countries are not left behind in the ongoing global energy transition.