New research examining legal and policy frameworks governing Artificial Intelligence (AI) in Kenya, Rwanda, Tanzania, Uganda, South Sudan, Mauritius, and Zambia has called for immediate legislative action to keep pace with AI adoption on the continent.
“It is evident that without swift and comprehensive legislative action, the region risks falling behind in AI’s ethical and effective governance, which has significant implications for human rights and societal well-being,” the report warns.
These are findings arising from the research conducted by Paradigm Initiative. It was prepared by four law firms, including K-Solutions Partners (ALN-Rwanda), providing support in Rwanda, ALP East Africa providing support in Uganda, South Sudan Bowmans providing support in Mauritius, Tanzania, Zambia and Triple OK Law providing support in Kenya. ALP East Africa coordinated it.
This legal research was facilitated by TrustLaw, the Thomson Reuters Foundation’s global pro bono network.
Commenting on the report’s launch, ‘Gbenga Sesan, Paradigm Initiative’s Executive Director, said the research was timely as it is coming at a time when the usage of Artificial Intelligence is on the rise. “We must laud the efforts of every organisation or individual who made this possible as the findings are of the essence and quite useful. It is my appeal to all stakeholders to play a role in ensuring legislative action so we are not left behind.”
The study indicates that AI is gaining momentum across the seven countries, especially in the agriculture, healthcare and telecommunication sectors. The report was launched at the ALP AI Forum taking place in Kampala, Uganda, between 25th November and 26th November 2024.
Among the seven countries scrutinised, Mauritius is the only country with AI-specific laws within the financial sector through the Financial Services (Robotic and Artificial Intelligence Enabled Advisory Services) Rules of 2021. At the same time, the research findings show that Kenya and Rwanda are making great strides toward AI-focused legislation.
The report states that most jurisdictions, except South Sudan, rely on soft laws or general laws, such as data protection regulations, to partially govern AI without dedicated legislation. It has also established that only Rwanda and Uganda have made considerable progress in addressing ethical AI and human rights. “Rwanda’s national AI policy and Uganda’s Data Protection and Privacy Act exemplify a human-rights-centered approach to AI governance,” the report states.
Besides examining policies and laws, the study also examines stakeholder involvement in policy-making within the seven countries. It points to gaps in clear guidelines on how public participation should be conducted despite the fact that most countries see the need for it in their constitutions.
“In many cases, participation is limited to select stakeholders such as notable non-governmental organisations and experts, often excluding the broader public input,” the report explains, adding that the issue is glaring in Rwanda, Uganda, South Sudan and Zambia where information on the involvement of stakeholders is limited.
The report recommends that the current approaches may be inadequate to address the regulatory challenges posed by AI, proposing that laws be benchmarked against global standards such as UNESCO’s recommendations on AI ethics.
“Key policy recommendations for AI governance across East Africa, Zambia and Mauritius include enhancing public awareness campaigns to foster informed public participation, urging policymakers to commit to human rights and ethical principles in AI development, and establishing clear provisions and guidelines to ensure meaningful public involvement in the policymaking process,” the report adds.
