AI REGULATION IN AFRICA VS. GLOBAL APPROACHES: A PEEP INTO DIVERGENT APPROACHES ON INNOVATION AND GOVERNANCE
AI is advancing at an extraordinary pace and governments worldwide are responding with various regulatory approaches.
In Africa, countries are laying the groundwork for AI policies at different stages of development. Like its counterparts – the European Union (EU), and other continental bodies and countries, Africa is tapping into shared objectives in this global journey toward balanced AI governance. How so?
The African Union (AU) AI Policy: A Unique Regional Blueprint
The AU Draft AI Policy, proposed in early 2024, provides a framework for voluntary alignment across 55 African states, recommending standardized codes, industry certifications, and national AI councils.
The approach to the Draft AI Policy is a 2-way street encouraging countries with existing AI strategies to align with the AU policy while urging nations without regulations to adopt it as a baseline, facilitating cross-border collaboration in AI governance.
It is expected that by 2025 the AU will potentially finalize this policy, offering a continent-wide guideline comparable to the EU's GDPR-inspired model but tailored to Africa's distinct context.
African Nations: A Three-Tiered Approach to AI Regulation
Africa is catching on to the regulatory fever. Some countries are leading the way on the continent while others are observing and putting the wheel for their AI regulations in motion. Hence, the division into:
Pioneering Nations – Countries like Mauritius, Kenya, and Egypt have led the way with comprehensive strategies. Mauritius initiated its AI policy in 2018, while Kenya’s Task Force on AI aims to enhance global competitiveness. Egypt's phased AI strategy prioritizes international partnerships and foreign investment.
In-Progress Nations – South Africa and Nigeria rely on existing data protection laws for AI governance, like the Protection of Personal Information Act (POPIA) in South Africa and Nigeria's Data Protection Act. Both are consulting on national AI policies, and working with stakeholders to balance privacy with AI growth.
Emerging Nations – Morocco and several others lack formal AI frameworks. However, Morocco’s private sector, via MoroccoAI, has made recommendations for a national AI strategy, highlighting private sector enthusiasm amidst government caution.
Regulatory Leadership in the EU AI Act and Other Global Divergent Approaches to AI Governance
The EU’s AI Act which entered into force on August 1 2024 represents a world-first regulatory framework with a risk-based approach categorizing AI applications by their potential harm.
The EU AI Act imposes mandatory, enforceable standards across member states, focusing on human rights and ethical standards with significant penalties for non-compliance. This is unlike Africa’s Draft Policy which tilts towards voluntary alignment. Â
The U.S. follows a sectoral approach, with AI guidelines emerging from specific industries (e.g., healthcare, finance), and is shaped by federal and state-level policies. Recently, the U.S. introduced the AI Bill of Rights, advocating guidelines rather than binding rules, which differs from Africa’s emerging centralized policy under the AU.
Asia reflects a wide range of interests as respective nations align with government demands. China enforces strict government-led AI regulations, primarily focused on controlling data flow and ensuring state security. In contrast, Japan and South Korea focus on ethical guidelines and international collaboration, aiming to balance AI innovation with privacy concerns.
Africa’s Path Forward to Sustaining Its Adoption of AI Governance
Investment & Infrastructure – Africa faces unique constraints, with limited funding and infrastructure to support large-scale AI development and research. However, programs like Kenya’s FAIR Forward Artificial Intelligence for All Initiative (in partnership with the EU) demonstrate collaborative potential.
Public Awareness and Skills Development – The example set by several African nations like Kenya which is actively integrating AI into school curricula to build long-term digital skills should be borrowed and amplified by others.
Regulatory Flexibility – It can be argued that unlike the rigid frameworks seen in the EU and parts of Asia, Africa's AU policy supports flexibility, allowing nations at different stages to adopt or adjust AI standards according to their national development levels. This is a welcome development that should be sustained.
It is without doubt that Africa’s advancement in AI governance with AU’s blueprint, when implemented, could see the continent at the forefront of globally equitable AI governance.