Artificial Intelligence and Parliaments in Africa

Lawyers Hub
15.10.24 07:30 AM Comment(s)

The session took place from 2pm to 3pm EAT on the 27th of August 2024 and attracted over 1000 virtual participants. The speakers included Kenya’s Nominated Senator Catherine Mumma, Hon. Phumzile Vandamme from South Africa, and Arnika Zinke from the EU Parliament. Maria Mbeneka expertly moderated the session. 

Watch the full session Recording HERE

Introduction

No country in Africa has developed a dedicated law regulating AI systems, and only 9 out of 55 countries have established strategies or policy frameworks for AI regulation. This reveals a significant gap in the governance of AI technologies, presenting not only a major hurdle to the development and implementation of these systems but also posing potential harm to African citizens. 
80%
of Moroccan consumers are aware of ChatGPT with 38% actually using it
South Africa
Ranks amonth the top 10 countries globally for AI usage
AI systems are already being integrated across various sectors and industries in Africa. A 2023 survey highlights this, showing that South Africa ranks among the top 10 countries globally for AI usage, particularly ChatGPT, while 80% of Moroccan consumers are aware of ChatGPT, with 38% actively using it. According to Statista, Africa's AI market is projected to reach US$3.70bn by 2024. The continent’s AI market is expected to grow significantly until 2030, driven by increased adoption of AI technologies across industries, advancements in AI algorithms and infrastructure, and rising investments in AI research and development. This innovation will further integrate AI into business operations and consumer-facing applications. 

With the rapid adoption of AI across the continent, there is an urgent need for the development of regulations and guardrails. To ensure that AI tools and systems remain safe and ethical. African policymakers need to establish laws, frameworks, rules, and standards to guide AI research, development, and application, ensuring safety, fairness, and respect for human rights. 

Seemingly, over the past five years, African parliaments have taken significant steps to regulate artificial intelligence (AI). For instance, on April 24, 2024, Morocco's House of Advisors received a draft law from the opposition bloc, aimed at establishing a national AI governance agency. In Nigeria, Honourable Sada Soli sponsored the "Control of Usage of Artificial Intelligence Technology in Nigeria Bill" (2023), which had its first reading in November 2023. Kenya's parliament, in July 2024, urged the government to create a regulatory framework for AI, while Ghanaian lawmakers, in 2023, highlighted concerns over AI increasing inequality and called for clear legislation.

This is why the Lawyers Hub organized a session at the Africa Law Tech Festival 2024 on Artificial Intelligence and Parliaments in Africa, bringing together policymakers from across the continent to discuss the current state of AI regulation in their countries, as well as the current and plans in place and outlook on AI governance in Africa. This article will outline the discussions held during the session, along with key findings and recommendations. 

Session Overview

Need for AI Regulation: Is it Time to Regulate?

During the session, Hon. Phumzile Vandamme posed a crucial question: How do we best leverage the benefits of AI while mitigating its harms? This question underlined the urgency of AI regulation across Africa. As Hon. Mumma pointed out, AI is a product of science and technology, and the key issue is ensuring that these innovations are used to improve society while safeguarding against violations, particularly those concerning human rights.
“AI is a product of science and technology, and what we need to ask ourselves is, how can we ensure that science and technology are used to better the operations of society while protecting against violations, particularly violations of rights.”

Senator Mumma acknowledged that AI can bring positive societal change but also presents significant risks and challenges. Raising the concern that scientists are advancing AI development without sufficient accountability, while policymakers are lagging behind. This disconnect between AI creators and regulators leaves AI technologies largely unchecked, prompting the need for a closer dialogue between scientists and policymakers. According to Mumma, Africa must urgently start this conversation to ensure that AI technologies are both beneficial and protective of societal rights.

“…The gap is that the scientists are running ahead in their own closet, the policymakers are running in their own lane, and as a result, you find that there is technology being used unchecked. This is why we need to ask ourselves whether it's time to start having a conversation between policymakers and scientists…” 

Ms. Arnika Zinke echoed these sentiments, affirming that now is the time to regulate AI systems. Sharing insights from the European Union's experience in developing AI regulations, she noted that some believed regulations were premature and should come only after technological advancements. However, the rapid rise of technologies like ChatGPT sparked widespread concerns around data protection, intellectual property, and job security, leading to calls for regulatory frameworks.

"Many people were saying, 'Why regulate so early? Let the technology develop first, then you can regulate.' On the other hand, the release of ChatGPT led to many people asking, 'Why doesn’t the EU have a law to protect us against the many questions on data protection, intellectual property, and people fearing for their jobs?'"

According to Zinke, AI regulations can establish principles that ensure safety, trustworthiness, and accountability, even as technologies evolve. Such legislation would not be tied to specific technologies but would set standards on how AI systems and models should function in the future. By doing so, regulation can address public concerns, build trust in governments, and ensure AI development remains aligned with societal values. The time to act is now, and Africa must take the lead in shaping responsible AI governance. 

AI Policy Priority Areas        

According to Ms. Arnika Zinke, the key policy areas to focus on when regulating AI include safety, fundamental rights, cybersecurity, and the environment. In discussing technology and innovation, it is essential to consider the impact on humans, mitigate biases, and address the environmental challenges posed by AI systems. One of the critical concerns is the energy consumption of AI models, which are extremely power-hungry. The question of whether there is enough energy to develop and sustain these systems is one the EU aimed to include in their AI Act, though it faced significant resistance during negotiations.

"Asking tech companies to disclose how much energy their models consume was something many people did not want to do. And asking people to consider how the system affects their employees or the humans they use it on was not the easiest conversation to have."

_____________The Gap

The major challenge is that technology and innovation will always outpace regulation and legislation. According to Hon. Phumzile Vandamme, there is an urgent need for greater accountability, especially in Africa, where leaders must do more to protect citizens from the potential harms of technology—something that is long overdue. Africa doesn't need to reinvent the wheel, but neither should it simply copy what has been done in regions like the EU. It's crucial to consider what it means for AI systems to be available in Africa, especially in terms of design contributions.

She raised the important question: Do African voices have a say at the design stage of technological systems? Are considerations for African-specific issues integrated into these technologies? If technologies are to be operational in Africa, they must address these local concerns. 

"We don’t need to reinvent the wheel, but we should not wholesale adopt what has been done by the EU and implement it in our African countries. It is important to also consider issues around what it means for AI systems to be available in Africa. What is the contribution in terms of design? Do we have a voice at the design stage? When we talk about the design of technological systems, are those considerations being taken into account? If we are saying that certain technologies are going to be operational in Africa, do they cater to those issues? At the global level, where technology is governed, are there African voices at the table? At multilateral bodies, are the concerns of Africans being taken on board?"

According to Senator Mumma, we must recognize that current AI products are largely developed elsewhere, with African countries often using systems that were not designed with African needs in mind. This creates a gap between the technology being used and the specific needs and concerns of African societies, underscoring the need for Africa to have a greater role in shaping AI technologies.

"We need to acknowledge that current AI products are situated elsewhere, and African countries are using products developed elsewhere." 


Why eyes are on the Legislative arms 

AI is advancing at an unprecedented pace. Shifting from a niche tool for software engineers to a mainstream technology accessible to everyday users. The release of ChatGPT-3 in November 2022 marked a significant moment, and within just four months, GPT-4 followed, propelling ChatGPT to become the fastest-growing website in history, with over 100 million users in just two months. This ignited an AI race. 

Microsoft, after investing $13 billion in OpenAI, integrated ChatGPT into its products, transforming its search engine Bing with AI capabilities. Meanwhile, Google, which had previously made headlines with DeepMind’s victory over a human Go champion in 2016, swiftly responded with Bard, its own AI chatbot. Numerous smaller companies, empowered by open-source AI tools, have also joined the fray, further intensifying the competition in this rapidly evolving landscape.

The legislative arms of governments worldwide have been called upon to ensure the corporate AI race doesn't become reckless, requiring them to establish and enforce legal guardrails. However, keeping pace with AI-driven change often outstrips policymakers' expertise and authority. In Africa, for example, current regulatory statutes and structures were built on industrial-era assumptions that have already been outpaced by the first decades of the digital platform era. Existing rules lack the agility to address the speed of AI development.

AI is a multi-faceted capability, and a "one-size-fits-all" regulation will over-regulate in some cases while under-regulating in others. Moreover, AI, like many other technologies, transcends borders, adding another challenge for regulators. Regulation needs to be global in reach, yet agile enough to allow each jurisdiction to tailor laws to fit local circumstances.

To our policy makers, AI regulations are needed to reduce Ethical Concerns, eliminate ambiguity, create accountability, and among other things Driving Innovation. 

Recommendations 

There is a need for greater collaboration and consultation across the continent before technologies are given the green light. According to Hon. Phumzile Vandamme, it is not possible to legislate as soon as a new technology emerges because something new will always come in another year, and we cannot keep pace. 

African Governments will need to collaborate and cooperate to establish broad frameworks while promoting and encouraging knowledge sharing and interdisciplinary collaboration. These frameworks will need to be adaptive and collaborative, lest they become unable to keep up with AI’s latest development. Regular reviews and updates will be key, as will agile experimentation in sandbox environments.

We need to invest more in our universities, particularly in research on AI, recognizing that the future of all sectors will be driven by technology, according to Senator Mumma. To develop effective policies, it is crucial to prepare our own human resources and expertise in AI. Members of parliament do not have inherent knowledge of how to create good laws, and if policymakers draft laws without proper understanding, it may cause more harm than good.

"As a member of parliament, we do not inherently have knowledge on how to make a good law. Policymakers may come up with laws, but if they are not well-informed, we end up with something that causes more harm than good. That is why, before laws are made, we need to interact with experts. We need to obtain that expertise and policy makers and stakeholders need to be trained to understand what kind of laws we are making." 

Public participation is key. Public engagement and inclusive decision-making will make or break any rules brought forwards. Policy makers need to involve diverse stakeholders in regulatory discussions, while engaging the public in AI policy decisions. 

While global governance is crucial, it must be translated into meaningful, country-specific regulations and reforms to ensure that the benefits of AI and digital technologies are maximized for society while minimizing risks. National policymakers and reformers, including government and civil society leaders, play a pivotal role in advancing this agenda. They must prioritize shaping AI’s trajectory by addressing local and national challenges, focusing on societal needs over the interests of private tech companies. Policymakers should ask: What societal problems need solving? How can AI help? Who will benefit, and who may be disadvantaged? Identifying these challenges and evaluating regulatory solutions and their impacts should guide the creation, governance, and oversight of AI at every stage.

The key message from the session was clear: it is time for Africa to regulate AI and actively participate in global discussions on AI governance, development, and implementation. Policymakers must embrace expertise and foster stakeholder engagements to ensure the development of accurate, flexible regulations that can support the growth and progressive adoption of AI systems across the continent. These regulations should strike a balance between enabling innovation and mitigating the risks associated with AI, ensuring that Africa is both a contributor and a beneficiary in the global AI landscape.