Many policy-makers, economists and the energy industry regard ‘green’ hydrogen as key to achieving global decarbonization goals. It is produced using solar, wind, or hydropower and requires vast amounts of land and water. The EU plans to import 50% of its green hydrogen supply, much of it from regions in the Global South, including indigenous and rural territories, or offshore areas continuing colonial patterns of exploitation.  

 Major energy companies repeatedly failed to uphold  human rights and environmental standards— as evidenced in the case of Hyphen Hydrogen Energy (Hyphen Ltd.) in Great Namaqualand, a British-German joint venture registered in Namibia. 

 In 2022, German energy giant RWE signed a Memorandum of Understanding (MoU) with Hyphen Ltd. to purchase hydrogen for export to Europe. Hyphen Ltd.’s infrastructure is being developed across a 4,000 km² area in Great Namaqualand, which is ancestral land of the Nama people. However, they have been excluded from the project’s development since its inception. Despite an ongoing impact assessment by Hyphen Ltd., they have not consented to this development on their land. Moreover, environmental scientists are concerned that the project, which will be partly in the Tsau||Khaeb National Park, will endanger this unique biodiversity hotspot.

According to international human rights standards, indigenous and tribal peoples have the right to self-determination, and to free, prior, and informed consent (FPIC) before infrastructure projects are developed on their ancestral land. Companies like RWE must asess and address any potential violations of these rights before engaging in such investments. 

 The Nama people, descendants of victims of the genocide committed by the German empire, were dispossessed of their land in Great Namaqualand for diamonds and other resources to be exploited for the benefit of German companies. Today, they have been excluded from meaningfully participation in the decision-making process concerning the Hyphen project. Nama tribal communities have not received adequate information from Hyphen Ltd. That would demonstrate an assessment of the project’s specific impact on their human rights. Nor have they been consulted or given the opportunity to express their consent or objection. This violates their rights to free, prior, and informed consent and their right to self-determination. 

 In April 2025, the Nama Traditional Leaders Association (NTLA), together with ECCHR, Forensic Architecture, Society for Threatened Peoples and Minority Rights Group International, sent a letter to RWE, requesting information on the measures being taken to ensure that the Hyphen project respects the rights of the Nama people. 

 RWE responded to the NTLA, but failed to address the specific concerns raised in the letter, nor did it acknowledge the historical crimes of German colonialism or the genocide committed against the Nama people. Instead, RWE referenced the MoU with Hyphen and stated that its participation in the project would depend upon the outcome of “due diligence checks”. However, in the context of a project of Hyphen’s scale, such a MoU constitutes a preliminary economic endorsement—particularly significant given the volatility and uncertainty of the green hydrogen market.

This case builds on ECCHR’s ongoing collaboration with the Nama people and Namibian partners in addressing the German colonial crimes, including genocide. It illustrates how current extractive practices continue colonial patterns and destroy valuable ecosystems.

 The green hydrogen project is located in Great Namaqualand—ancestral lands of the Nama people, who were expelled, killed, raped, and exploited in concentration and forced labor camps as part of the first genocide of the 20th century, perpetrated by German colonial forces. During this period, German authorities declared the area a “Sperrgebiet” (restricted zone) for diamond extraction. It was later converted into a National Park and is now the only internationally recognized arid biodiversity hotspot. 

 Hyphen Ltd. is a Namibian joint venture between the German renewable energy company Enertrag SE and the British company Nicholas Holdings. The German government has expressed its intention to Enertrag SE to recognize Hyphen Ltd. as a “strategic foreign project”. RWE’s MoU with Hyphen includes a promise to purchase some of the ammonia, as part of its broader decarbonization strategy. Given the genocide committed by Germany, it is crucial that any project involving German companies or government support ensures the meaningful consultation of the Nama people. Failure to do so perpetuates colonial legacies perpetrated by the German state and private actors.  

 ECCHR maintains that major energy transition projects must not come at the expense of human rights, particularly those of indigenous and tribal communities. A just transition to a low-carbon future requires the protection of ecosystems and the respect for the rights of those most affected. In this case, the stakes are especially high: energy projects must not be built on the foundations of colonial exploitation. By supporting Hyphen Ltd. without ensuring meaningful indigenous consultation, RWE is neglecting its human rights obligations and engaging in energy colonialism.