African states are increasingly developing AI legislation modeled on European Union standards, but technology law scholars argue this approach overlooks local realities and implementation challenges. Mauritius launched the continent's first national AI strategy in 2018, followed by over a dozen African countries adopting AI policies and the African Union establishing a continental framework. Kenya and Ethiopia have now tabled draft AI bills that adopt the EU's risk-based regulatory model, while Morocco, Egypt, and Nigeria are considering similar legislation. However, researchers Kinfe Yilma of the University of Leeds and Grace Mutung'u of Strathmore University warn that transplanting European regulatory frameworks risks creating aspirational laws that remain unenforced, mirroring the continent's struggles with implementing existing data protection legislation.
African States Adopt EU Risk-Based AI Regulation Model
Both Kenya's and Ethiopia's draft AI bills adopt the European Union's risk-based approach to regulation. This framework involves regulating AI systems based on the nature of risk they pose, with systems presenting "unacceptable risks" banned altogether and those with lower risks required to meet specific requirements. Kenya's AI Bill institutes the AI Commissioner and the AI Advisory Committee as regulators of AI systems in the country.
Data Protection Laws Remain Largely Unenforced Across Continent
Many African countries have enacted data protection legislation but are yet to install oversight bodies, or those established lack the resources to enforce laws. The scholars note that AI policies were meant to coordinate AI development at the national level, but some countries have yet to set up or fund institutions that were to give the strategies meaning. This implementation gap raises concerns about whether new AI legislation will face similar enforcement challenges.
Scholars Recommend Context-Specific Regulatory Approach
Yilma and Mutung'u argue that African states need AI laws based on concrete reckoning with what AI is actually doing on the continent. They identify critical questions that should precede regulation: how AI is being deployed by technology companies, how it is being used in public services, who controls the data generated by African users, who bears the harms when systems fail, and whose interests remain unprotected. The researchers note that AI-powered content moderation systems perform poorly in African languages and local contexts.
Ethiopia and Rwanda Deploy AI in Healthcare Screening Programs
Ethiopia and Rwanda have used AI in TB and cervical cancer screening. However, the scholars warn this deployment is happening in a regulatory vacuum. They recommend that policymakers pursue a more considered and contextualised approach to address AI risks meaningfully. Until robust regulatory regimes are established, the researchers suggest a moratorium on the use of high-risk AI systems in sensitive domains such as healthcare should be seriously considered.
FAQ
Which African country adopted the first national AI strategy?
Mauritius set out its national AI strategy in 2018, becoming the first African country to do so. Since then, over a dozen African states have adopted national AI policies, and the African Union has adopted a continental AI strategy.
What regulatory approach have Kenya and Ethiopia adopted in their draft AI bills?
Both Kenya's and Ethiopia's draft AI bills adopt the European Union's risk-based approach, which involves regulating AI systems based on the nature of risk they pose. Kenya's bill specifically institutes the AI Commissioner and the AI Advisory Committee as regulators of AI systems in the country.
