The African Union( AU) Continental AI Draft Policy

The African Union (AU) currently lacks comprehensive laws governing AI across its 55 member states. However, the AU has demonstrated a growing interest in AI governance, acknowledging its potential to drive socio-economic transformation as stated in its Agenda 2063 and the Sustainable Development Goals (SDGs.^[1] On the 29th of February 2024,

The AU Development Agency published a continental draft policy known as the AU continental draft policy.^[2] This policy sets out a framework for AI regulation across member states.^[3] It includes recommendations for industry-specific codes of practice, standards, and certification bodies. These measures are designed to assess and benchmark AI systems, oversee AI testing, and establish national AI councils. Countries without AI-specific policies are encouraged to adopt it. The AUDA-NEPAD White Paper aims to enhance policy coherence in alignment with AU Agenda 2063. The White Paper advocates for a human-rights-centered, harmonized approach to AI governance. It emphasizes creating enabling frameworks to guide implementation, mitigate risks, and promote ethical AI use, focusing on data safety, security, and protection.

In July 2024, the AU Executive Council endorsed the Continental Artificial Intelligence Strategy (“Continental AI Strategy”), which emphasizes ethical, responsible, and equitable AI practices.^[4] AU members without existing AI policies are encouraged to use the AU Draft Policy as a framework to accelerate the development of their national strategies. For members already implementing AI regulations, the draft policy advises a review of their frameworks to promote consistency across the continent. 

However, formal adoption of the AU Draft Policy is anticipated at the 2025 AU annual summit in Ethiopia.^[5]

^[1] Ibid.

^[2] The African Union Continental AI draft policy https://au.int/sites/default/files/documents/44004-doc-EN-_Continental_AI_Strategy_July_2024.pdf

^[3] Shahid Sulaiman, Davin Olën and Monique Bezuidenhout, “AI regulation and policy in Africa”(Dentons)  <https://www.dentons.com/en/insights/articles/2024/june/13/ai-regulation-and-policy-in-africa>

^[4] White & Case, “AI Watch: Global regulatory tracker – African Union”.  <https://www.whitecase.com/insight-our-thinking/ai-watch-global-regulatory-tracker-african-union#:~:text=Other%20countries%20such%20as%20Ethiopia,institutions%20to%20drive%20AI%20development.>

^[5] “African Union committed to developing AI capabilities in Africa” African Union <https://au.int/en/pressreleases/20240828/african-union-committed-developing-ai-capabilities-africa>