Protect local people’s rights in renewable energy projects

As Africa embarks on a journey to harness its vast renewable energy potential, the continent faces a delicate balancing act: advancing sustainable energy while protecting the rights and livelihoods of its people. This is where free, prior, and informed consent (FPIC) becomes essential. It is not just a procedural formality; it is a fundamental human right that ensures people are meaningfully involved in decisions that affect their lives, lands and resources. For Africa, integrating FPIC into renewable energy projects is crucial to achieving not only environmental sustainability but also social equity.

FPIC is a principle rooted in international human rights law, notably enshrined in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). It mandates that any development project must obtain their consent before proceeding. The consent must be: (1) Free – given voluntarily, without coercion, intimidation, or manipulation; (2) Prior – sought sufficiently in advance of any authorization or commencement of activities; (3) Informed – based on an understanding of the full range of information about the project, including potential harms and benefits; and (4) Consent – people must have the right to approve or reject the project.

FPIC is particularly relevant in Africa, where many people have deep cultural and spiritual ties to their lands. These lands are often seen not just as economic assets but as integral to their identity and heritage. Renewable energy projects, if not managed carefully, can disrupt these relationships, leading to social unrest, displacement, and loss of livelihoods. FPIC ensures that people are active participants in the decision-making process, rather than passive recipients of external decisions. 

Despite its importance, the implementation of FPIC in Africa faces numerous challenges. These are rooted in socio-economic, legal, and political realities that vary across the continent. Many people, especially in rural and remote areas, may not be fully aware of their rights under FPIC. They may lack the resources or access to information necessary to participate meaningfully in consultation processes. Additionally, developers may not be fully informed about FPIC or may view it as a hurdle rather than an integral part of project planning.

In many African countries, the legal frameworks governing land rights and natural resource management are either weak or poorly enforced. This can lead to situations where land is appropriated for renewable energy projects without proper consultation or compensation. Even where FPIC is recognised in law, there may be a lack of clear guidelines on how to implement it effectively.

The power dynamics between multinational corporations or government entities and the local population are often skewed in favour of the former. This imbalance can result in consultations that are tokenistic rather than genuinely participatory. People may feel pressured to consent to projects because of promises of economic benefits or fear of reprisals. In some cases, there are competing interests between national development goals and local rights. Governments may prioritise large-scale renewable energy projects to meet national energy targets or attract foreign investment, sometimes at the expense of peoples’ rights and interests. 

Despite these problems, there are best practices that can guide the successful implementation of FPIC in renewable energy projects across Africa. FPIC is not a one-time event but an ongoing process. Working with people early in the project planning phase, before any decisions are made, is crucial. This engagement should continue throughout the project’s lifecycle, allowing people to voice concerns, seek clarifications, and withdraw consent if necessary. Continuous dialogue helps build trust and ensures that the project remains aligned with community needs and expectations.

Empowering people to participate meaningfully in FPIC processes requires capacity building. This can include providing education on FPIC rights, legal support and access to independent experts who can help people understand the technical aspects of the proposed projects. Capacity building ensures that people are not just informed but are equipped to participate on an equal footing with developers and government representatives.

Information provided to people must be transparent, accurate, and accessible. This means presenting information in local languages and in formats that are easy to understand. It also involves being honest about the potential risks and benefits of the project, including any uncertainties or potential negative effects. To ensure that FPIC processes are conducted fairly, independent monitoring by civil society organisations, legal experts or international bodies can be valuable. These monitors can help ensure that consultations are conducted without coercion and that consent is truly free and informed.

Renewable energy projects can provide significant benefits, but these benefits must be clearly defined and agreed upon through FPIC processes. Benefit-sharing agreements should be negotiated transparently and should include provisions for local employment, development and fair compensation for land use. These agreements should be legally binding and subject to regular review. 

There are several examples across Africa where FPIC has been successfully integrated into renewable energy projects. Initially, the Lake Turkana Wind Power project in Kenya faced significant opposition from local people because of land disputes and inadequate consultation. But, after restarting discussions and adhering to FPIC principles, the project was able to secure local support. This process involved renegotiating land agreements, providing fair compensation, and ensuring that people were fully informed and consented to the project’s continuation.

In South Africa’s Northern Cape, several solar energy projects involved people through comprehensive FPIC processes. These projects involved extensive consultations with local residents, resulting in agreements that included benefit-sharing arrangements and commitments to minimise environmental impacts. As a result, the projects have enjoyed strong local support and have contributed to economic development in the region. 

African governments must strengthen legal frameworks to ensure that FPIC is not just a recommendation but a legal requirement for all renewable energy projects. This includes developing clear guidelines on how FPIC should be implemented and enforced, as well as mechanisms for local people to seek redress if their rights are violated.

Raising awareness about FPIC among both those affected by the development and developers is crucial. Governments and civil society organisations should work together to provide information and resources to help people understand and exercise their FPIC rights. Developers should also be taught about the importance of FPIC and how to integrate it into their project planning processes. And international bodies and development partners should encourage the adoption of FPIC as a standard practice in renewable energy projects funded or supported by international entities. This can include requiring FPIC compliance as a condition for funding or investment and providing technical assistance to help implement FPIC processes. Karabo Mokgonyana  is a renewable energy campaigner at Power Shift Africa focusing on renewable energy in Africa, just transitions and climate security.