Artificial Intelligence (AI) is basically referred to as technology that enables computers and machines such as robots to simulate human intelligence and solve problems initially done by human beings. AI lives with us and is present in our day to day lives, it is the backbone of smart assistants, and it can be accessed through different gadgets such as phones and computers, it has also been integrated into cars and smart home devices. AI has made significant strides in Uganda; therefore, there is urgent need for regulation recalling its well-known threat to humanity. However, progress and dedication on AI legislation is minimum and slow in Uganda, there is no well-defined regulatory framework specifically on AI.
On the international level, all member states of the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2021 adopted the Historical Agreement with recommendations on ethics of AI defining the common values and principles needed to ensure the healthy development of Artificial Intelligence. These recommendations set the first global normative framework giving states the responsibility to apply it at their level. Its objectives are to make AI systems work for the good of humanity, individuals, societies and the environment and ecosystem to prevent harm, stimulating the peaceful use of AI systems. For these recommendations to be efficient and effective there is need for Uganda to domesticate them and make them national law.
On the regional level, the African Union established a working group on AI in 2019 where Uganda is the vice chair and adopted the Sharm El Sheikh Declaration with a mandate to study the creation of the common African stance on AI. Furthermore, the South African president in 2020 called for a unified regional approach on AI to serve as a blue print for African member states in developing policies and regulatory instruments on AI, the objective of this blue print is to outline the most relevant opportunities and challenges of the development and use of AI for Africa and make concrete policy recommendations aimed at harnessing the potential of AI while mitigating risk.
Furthermore, the African Commission on Human and People’s Rights adopted resolution 473 in 2021 to address the implications for human rights of AI, it called upon states to work towards a comprehensive legal and ethical governance framework for AI. Uganda is also a signatory to the regional instrument addressing concerns on autonomous weapons that uses AI to select and engage targets without human intervention once activated. Also to the Malabo convention which mandates every state to establish a data protection framework aimed at strengthening fundamental rights and public freedoms. It contains provisions on regulation of AI in terms of data processing. From the above, we see that the onus is on Uganda to implement and domesticate such policies and recommendations and also once such rules come into force, they shall be binding on Uganda as a signatory to the mentioned treaties.
Domestically, there are various partnerships and initiatives in place aiming at leveraging AI for social and economic development. The Ministry of ICT and National Guidance has put effort in addressing the ethical concerns associated with AI and other related technologies through formulating an ethical AI framework that aims at building public trust in the adoption and application of AI ensuring fairness, transparency and privacy. There are other domestic laws in the country that can be used in AI litigation and these include The Data Protection and Privacy Act 2019, the Electronic Transactions Act 2011, Computer Misuse Act 2011. Chapter Four of the Constitution of the Republic of Uganda on the bill of rights can also be used to regulate AI.
In conclusion, Uganda does not have a specific regulatory framework governing AI, therefore it needs to act fast and keep up to speed with the fast-growing technology in Uganda and the world at large. Uganda can base on the European Union Act and its Regulations and the Regional recommendations and regulations to enact laws governing AI. It should also consider prioritizing AI by including it in its National Development Plan and quickly implement its national 4IR strategy. The need to have a legal framework regulating AI is urgent and should therefore be given urgent attention.