Building a Responsible AI Landscape: Ethical and Legal Considerations for Africa

Author: Jerubet Misoi, Dip.Phil, L.L.B, L.L.M, Doctorate Researcher in A.I. Ethics and Law

Introduction

Africa stands at a pivotal moment in its technological journey particularly concerning Artificial Intelligence (AI). The continent has immense potential and by harnessing AI it has the ability to enhance agricultural production, healthcare provision and education as well as access to justice.

Despite the great deal of talent and the large resource pool, there are significant challenges that, as a necessity, must be addressed including ethical, religious and legal considerations. Arakpogun et. al (2021) discuss that though governments and businesses across the world are beginning to position themselves to harness the opportunities and the benefits of AI, the development and deployment of AI is uneven globally with a considerable gap between developed and developing countries.

The current state of technology in Africa

The transformative potential of AI can be seen in various sectors and in particular regions tackling developmental challenges. Africa has rich diversity but is crippled by technological retardation and innovative solutions must be deployed if we hope to catch up with the developed world. AI can be used as a tool to stimulate economic growth, provide solutions to challenges in education and optimize agricultural production. In this way, the continent has the opportunity to review and improve on the traditional approach to development and overcome historical inefficiencies.

Aderibigbe et. al 2023 discuss the “multifaceted dimensions of AI adoption in developing countries…”. Some of the challenges that they identify include economic, infrastructural and educational disparities and are identified as hurdles that impact the equitable distribution of AI benefits. Further, a shortage of skilled talent versed in AI technology negatively affects the deployment and maintenance of AI systems. Aderibigbe et. al 2023 compare the AI trends in the developed countries as against developing countries and note that in developed countries there is the presence of robust technological infrastructure and innovation ecosystems. They also have significant investments in research and development, a conducive regulatory environment and a highly skilled workforce.

Technological stagnation in the continent of Africa is influenced by many factors including inadequate infrastructure, limited access to education, lack of adequate investment in technology and lack of basic internet services, which limits the continent from profitably engaging with and keeping abreast of technological advancements.

Udo et.al 2023 discuss that inadequate infrastructure, limited access to electricity and a lack of digital literacy persists particularly in rural and underserved areas. They contrast Africa to the United States of America unfavorably, and note that Africa faces infrastructural challenges, regulatory barriers and limited investment in research and development and that restricts the scale to which technology is implemented.

Although there have been constraints as discussed above, these constraints have fostered innovation such as mobile banking and improvements in health technology.

The rapid expansion of mobile telecommunication and the internet has sparked innovation in finance, education and healthcare. Without collaboration between governments and stakeholders, which is necessary for technological progress, it will be difficult to harness the potential of AI to develop the continent to its ideal position as a global technological powerhouse. This can be done if Africa addresses barriers and prioritizes enhancing investment in research and development and in education to achieve a skilled workforce.

Relative to other regions in the world,” there is a higher penetration potential of ICT mechanisms in Africa…’ Asongu et al (2020) note that policy can leverage on the corresponding penetration potential to address developmental challenges. Governments must therefore play a more active role in coordinating efforts among stakeholders and create an enabling environment for innovation.

Applications of AI in bridging the technological gap

AI presents unique opportunities for advancement in healthcare . AI has the potential to revolutionize diagnosis of diseases, individualize patient treatments and provide real-time monitoring of healthcare in addition to managing operational aspects of healthcare delivery . AI can accurately analyze medical images and in the process, identify subtleties not easily identified by the human eye resulting in earlier and more accurate diagnosis that ultimately has significant impact on potential outcomes. Thus AI, in the healthcare field, has applications in diagnostic assistance, treatment personalization, patient monitoring and healthcare operations, public health and epidemiology.

Despite its applications in healthcare, AI use poses significant technical, ethical and legal challenges, requiring careful consideration and strategic solutions to ensure that the benefits of AI are achieved without compromising patient welfare, data integrity and ethical standards.

Education systems in the continent are also being transformed by AI. This development brings with it challenges such as curriculum updates, in addition to the development of new and suitable methods of assessing learning outcomes. Concerns related to data privacy, algorithm bias that come with AI use, necessitating the development and application of strategies for effective implemention of AI in education .

Ethical considerations surrounding AI development and use are not unique to Africa, as global AI regulation is still in its infancy. This presents an opportunity for Africa to develop regulations that reflect the values and beliefs of Africans to ensure that we do not adopt or perpetuate narratives that oppose our values. African voices must be heard in the development of AI to be used in the continent. Cognate ideals of common good, solidarity, subsidiarity, human dignity and natural law are principles complementary to AI regulation , representative of values endemic to the African continent and should be incorporated into AI regulation. In the development of AI ethical principles, both the minority and majority worlds should have their voices heard.

The key ethical issues in AI include: bias, privacy, accountability and transparency. The above have been identified as the main ethical concerns surrounding the development and use of AI technology in developed countries. In Africa, in addition to the foregoing, the political, economic and cultural context needs to be understood when considering AI ethics.

Recent research emphasizes the need for adopting a responsible approach to AI regulation in Africa that is not rigid, acknowledging that there is a need for adaptation to the continent’s unique challenges and opportunities. Africa has unique socio-economic issues, in addition to challenges addressing gender equity, labor and cultural diversity.

Acknowledging that integrating a decolonial approach in AI governance involves recognizing persistent colonial repercussions, biases in AI solutions and disparities in AI access based on gender, race, geography, income and societal factors, Ayana et.al (2023) offer recommendations for fostering decolonization and challenges and opportunities associated with decolonization in Sub-Saharan countries.

Recognizing the potential of AI, the African Union has launched a Continental Artificial Intelligence Strategy, aimed at ensuring that AI strategies and regulations are appropriate, ethical, and equitable for African societies and economies, focusing on the following areas:

• Harnessing AI benefits: Leveraging AI to improve livelihoods and competitiveness in agriculture, education, healthcare, and climate change.

• Addressing AI risks: Ensuring good governance, inclusion, protection of human rights and environmental sustainability while respecting African contexts.

• Enhancing infrastructure and skills: Building capabilities in energy, broadband computing and AI talent.

• Fostering cooperation: Encouraging regional and international partnerships to enhance AI capabilities across the continent.

• Stimulating investment: Promoting public and private investment in AI at national and international levels.

Conclusion

The implementation of AI in developing countries requires careful consideration of the legal and ethical frameworks. This should be done to address data protection, user consent, and algorithm accountability. The local context should be the template used in regulating AI in Africa in addition to international ethical standards to avoid misuse and build trust.

To ensure that Africa reaps the full benefits of the AI technological revolution, the continent must invest in creating a skilled workforce, collaborate with industry and academia and provide financial incentives for businesses to adopt AI technologies. Developing regulatory frameworks that are conducive to AI will ensure responsible AI development and use.

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