Authors: Pollicy, Media Institute of Southern Africa (MISA) & Kristophina Shilongo

On Monday 22 July 2024, we submitted this Open Letter addressed to African Union Heads of States to H.E. Moussa Faki Mahamat, The Chairperson of the African Union Commission, and Dr. Amani Abou-Zeid, the African Union Commissioner for Infrastructure and Energy. The letter called for:

(1) full participation at the upcoming AU Assembly which was anticipated to take place in July 2024 and where heads of states were expected to discuss and adopt the Continental AI Strategy and African Digital Compact;

(2) commitment from member states to implement the AU Commission Data Policy Framework and

(3) improved pipelines for partnerships with Civil Society Organizations and various African communities. Close to 45 allied civic tech and civil society organisations as well as individuals signed in agreement.

The task to equitably reap the benefits of AI whilst mitigating risks requires collaboration from as many actors as possible - and so we, the signatories, extended a hand to African policymakers and the African Union.

We have not received a response yet and there have been no further updates about the next AU Assembly Ordinary Session. However, this process of drafting the Open Letter and convening allied organisations and individuals has highlighted a few important issues which we would like to share with you in this essay. We hope that these insights will bring together actors concerned with responsible AI in Africa to carve the best path forward.

The 44th Ordinary Session of the African Union Executive Council held between 14-15 February 2024, tasked the AU Commission to expedite the development of a Continental AI Strategy after endorsing a Conceptual Framework of the Continental AI Strategy. The Executive Council also requested the AU Commission to develop an African Digital Compact which will outline an African framework to bridge digital and AI divides ahead of the United Nations Summit of the Future in September 2024. With short notice, in April the AU Commission invited stakeholders to participate in online multi-stakeholder consultative sessions on the development of a Continental Strategy on Artificial Intelligence (AI) which were held between 19 - 24 April 2024. Online forms were open for submission until April 25th.

The AU Commissions’ request to expedite the development of a Continental AI Strategy does not exempt the requirement for full participation and transparency by people from all African states…

The unprecedented development of AI matches the urgency and speed at which the African Union is reacting to develop policy in the interest of the African public. However, the short consultative periods assigned to the Continental Strategy on Artificial Intelligence and non-transparency prior to adoption by the AU Assembly is not common practice - at least not according to article 3 of the African Union (AU) Constitutive Act which delineates “promoting democratic principles and institutions, popular participation and good governance” as one of the objectives of the AU. Avenues to ensure full participation of people from all member states to be involved in discussions and decision making on matters at the AU have been established. Urgency - at least with regard to Technology Policies, is common practice at the AU. The consultation period of the AU Commission Data Policy Framework in 2021 was almost as short as that assigned to the Continental Strategy on Artificial Intelligence - although arguably a little more transparent as a framework was shared with the public.

Africans want to shape AI governance and support AU member states to implement policies but sometimes are forced to participate in limited ways

The Multi-stakeholder Consultative Sessions for the African Union Continental Strategy on Artificial Intelligence were publicly announced by the AU Commission to happen virtually from the 19th to the 24th of April leaving only 6 days for stakeholders to deliberate on the four major themes outlined in the concept note circulated:

  1. Seizing AI opportunities for Social, Economic and Cultural Development in Africa
  2. Addressing and Mitigating AI Risks to Africa
  3. Creating Foundations and Capabilities for Harnessing the Potential of AI and Mitigating its Risks to Africa
  4. Fostering Intra-Africa coordination and Shaping International Cooperation on AI

Notwithstanding the short announcement period, compounded by existing capacity challenges faced by African institutions and AI experts, many of us who signed the Open Letter participated in the virtual consultative meetings and responded to the online consultation form (see MISA’s submission here). The cost of non-participation is higher!!

As the producers of the Open Letter, we also received several inquiries from people (who signed the letter nonetheless) asking us if we can send them a copy of the adopted Continental Strategy on Artificial Intelligence. We take responsibility for further normalising the lack of transparency in the AU policymaking processes. This process has taught us better.

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Regardless of the limitations discussed above, the response to the Open Letter was overwhelmingly positive. Organisations and individuals from across the continent and beyond not only want to see more commitment from AU Heads of States but also want to support and collaborate with the AU in implementing these important AI policies. The signatories reflect the groups who are most at risk of being negatively impacted by AI if policies do not adequately respond to challenges such as digital divide, inequality and innovation. These are, among others: youth, women and other sexual minorities. It also crossed colonial linguistic barriers with signatories from francophone Africa. With more resources to reach offline communities limited by digital divides, capacity and other challenges we can only imagine that more could co-sign the letter.

Surprisingly though, only two international institutions offered their support or engaged the producers concerning the letter. We feel the need to name them here: Tech Global Institute and Mozilla. The individuals who signed the Open Letter were exclusively African. We ask; where are our allies? Are there parallel processes happening? Is African participation in Africa AI policy matters contingent on someone else, specific sectors setting the agenda? Or have international allies and collaborators too, normalised limited participation and non-transparency?

…however, the opportunity to work together in support of RESPONSIBLE, ETHICAL, JUST, TRUSTWORTHY AI still stands

Whatever the reasons for the low engagement from international allies and collaborators, not all is lost. Just as the Open Letter extended an open hand to partner with the African political leadership, we - the producers would like to find avenues of cooperation between the efforts of the signatories and the international community of allies which can positively shape how AI affects people of the global majority including Africans. Right now, we do not know what that looks like. However as we await a response from the AU, we have identified a few opportunities where this collaboration can take place:

  1. The United Nations Summit of the Future taking place in September 2024 presents an opportunity to deliberate on what effective global cooperation looks like. The principles outlined in the second revision of the Global Digital Compact such as: Inclusive, Development-oriented, Gender equality and empowerment, Human rights, Environmentally sustainable, Equitable, Accessible and Multi-stakeholder require collaboration in which all participants are heard and their agency is respected.
  2. The African Union’s PAN-AFRICAN PARLIAMENT (PAP) decision to initiate advocacy missions in AU Member States that have not yet ratified the African Union Convention on Cyber Security and Personal Data Protection is a step which should be supported by all development partners, as data is the foundation of AI development. The PAP advocacy campaign has potential to bring together siloed AI governance efforts on the continent.

We are thinking about how best to leverage these ongoing efforts and try to create opportunities for Africans to participate. Until later!!