A recent report on the legal and policy frameworks governing Artificial Intelligence (AI) in East Africa has highlighted the urgent need for swift legislative action to keep up with AI adoption. The research, conducted by Paradigm Initiative and supported by four law firms across Kenya, Rwanda, Tanzania, Uganda, South Sudan, Mauritius, and Zambia, stresses that without timely and comprehensive AI legislation, the region risks falling behind in both ethical and effective AI governance. This could have serious implications for human rights and societal well-being across these nations.
The research, facilitated by TrustLaw, the Thomson Reuters Foundation’s global pro bono network, underscores the increasing use of AI technologies in sectors such as agriculture, healthcare, and telecommunications. The report, launched at the ALP AI Forum in Kampala, Uganda, on November 25-26, 2024, warns that the lack of a clear, cohesive legal framework to regulate AI could undermine the potential benefits of AI technologies in the region.
The State of AI Legislation in East Africa
Among the seven countries analyzed, only Mauritius has implemented AI-specific laws, particularly in the financial sector through the Financial Services (Robotic and Artificial Intelligence Enabled Advisory Services) Rules of 2021. While Kenya and Rwanda are also making notable progress toward AI legislation, most of the other countries, with the exception of South Sudan, rely on soft laws or general regulations, such as data protection laws, to partially govern AI.
Kenya, Rwanda, and Uganda are emerging as leaders in the region, particularly when it comes to considering the ethical implications of AI. Rwanda’s national AI policy and Uganda’s Data Protection and Privacy Act are lauded for their human-rights-centered approaches to AI governance. However, these advances are not yet widespread across the continent.
The report emphasizes the importance of developing AI-specific regulations that are grounded in global standards. It cites UNESCO’s recommendations on AI ethics as a key benchmark for building robust, human-rights-focused AI governance frameworks. The report calls for lawmakers to commit to ethical principles in AI development to ensure that AI’s deployment benefits society without infringing on individual rights.
Public Participation and Stakeholder Involvement
Another key area of concern highlighted in the research is the lack of meaningful public participation in AI policy-making. Despite most countries having constitutional provisions for public participation in decision-making, the report found that this participation is often limited to select stakeholders such as non-governmental organizations and experts, with the broader public excluded from the process.
This issue is particularly glaring in countries like Rwanda, Uganda, South Sudan, and Zambia, where information on stakeholder involvement in AI policy-making is sparse. The research suggests that this exclusion may hinder the creation of policies that truly reflect the needs and concerns of the public, particularly marginalized groups who are most vulnerable to the potential negative impacts of AI technologies.
To address this gap, the report recommends enhancing public awareness campaigns to foster more informed public participation. This would allow the public to have a say in the AI governance process and ensure that policies are more inclusive. It also advocates for policymakers to prioritize human rights and ethical principles when crafting AI legislation, and to develop clear guidelines for stakeholder involvement that include the broader public, not just selected groups.
The Path Forward
As AI adoption continues to accelerate across East Africa, the urgency of creating a clear, comprehensive, and inclusive legislative framework becomes ever more apparent. The report’s findings underscore the need for a collaborative approach to AI governance, one that balances innovation with ethical responsibility and ensures that AI serves the interests of society at large.
In conclusion, the report urges governments across the region to take immediate action to build AI governance frameworks that align with global ethical standards and ensure that the public has a meaningful role in the policymaking process. If East Africa is to harness the full potential of AI technologies, lawmakers must act swiftly to create inclusive, ethical, and human-rights-centered legislation. The future of AI in East Africa depends on it.
