The Policy Layer that Governs Africa’s Algorithmic Ecosystem
Dr. Jane Munga presented findings from the Africa Technology Policy Tracker (AfTech), a repository of digital economy policies and laws across Africa. She discussed how AfTech reveals Africa's readiness to govern AI, highlighting 14 leading countries with AI strategies, data protection, and cybersecurity laws. The presentation emphasized critical issues like digital sovereignty, the impact of frontier technologies, the need for indigenous innovation, and Africa's role in global AI governance, while also addressing concerns about the "Brussels Effect" on legislation quality.
The presentation by Dr. Jane Munga, a fellow at the Carnegie Endowment for International Peace, shed light on the intricate “policy layer that governs Africa’s algorithmic ecosystem” through findings from the Africa Technology Policy Tracker (AfTech). Carnegie Endowment, a think tank over a century old, established its Africa program in 2021 to provide policy-relevant analysis and influence global discourse on African issues from its Washington D.C. base, emphasizing the continent’s nuanced realities over a monolithic view.
Understanding the Africa Technology Policy Tracker (AfTech)
AfTech is a systematic repository developed in collaboration with the Africa Telecommunications Union, cataloging digital economy strategies, laws, and regulations across 54 African countries and the African Union. It contains over 1,034 metadata entries, dating from 1971 to projections for 2026, classified by country and legal instrument type (policy, law, regulation).
The empirical framework of AfTech categorizes these documents based on the governance ecosystem and four core digital economy pillars:
- Strategic Vision (Policies & Strategies): These documents, such as Kenya’s ICT sector policies or the AU’s Digital Transformation Strategy for Africa, outline a country’s aspirations for digital transformation, often seeing tech as an enabler for socio-economic development. They provide a “glide path” for national direction.
- Laws: Typically following policy, laws define the legal frameworks. While specific AI laws are nascent (Nigeria is developing one, proposals exist in Kenya), foundational laws like Kenya’s Information Communications Act (1998) and newer ones in cybersecurity (48 countries) and data protection (44 countries) are crucial.
- Regulations: Issued by regulatory authorities (e.g., Kenya’s Communications Authority), these provide specific “guardrails” for implementing laws, such as the general regulations governing data movement stemming from Kenya’s Data Protection Act (2019).
AfTech further classifies documents using four digital economy pillars (Digital Infrastructure, Digital Platforms, Digital Skills, and Innovation/Entrepreneurship), borrowed from frameworks by the World Bank, OECD, and Smart Africa. Documents are also tagged with around 25 thematic areas (e.g., Digital ID, Digital Payments) for granular searching.
Insights into Africa’s AI Governance
Dr. Munga highlighted how AfTech helps understand the “algorithmic ecosystem” or AI governance through three primary layers:
- AI Policies & Strategies: 15 African countries and the AU have developed AI-specific strategies or policies (e.g., Mauritius 2018, Smart Africa 2021, Ghana and Zimbabwe in 2024, Kenya and Côte d’Ivoire planned for 2025). These define what AI is, its role, and the strategic direction for a country.
- Cyber Security Laws: With 48 countries having these, they establish safeguards for platforms and address cybercrimes.
- Data Protection Laws: Adopted by 44 countries, these are deemed critical for AI, especially Large Language Models (LLMs), as they govern how data is used, accessed, and monetized. They address issues of data sovereignty and individual control.
A significant finding is that 14 countries possess all three elements—an AI strategy, data protection law, and cybersecurity law—positioning them as leaders in defining their AI governance ecosystems (e.g., Egypt, Nigeria, Kenya, Rwanda).
Priority areas for AI identified in these documents across the continent include Health, Agriculture, and Public Services, where AI is seen as having the most beneficial impact. Talent development, infrastructure, and institutional frameworks are also key governmental priorities.
Why AfTech Matters: Broader Implications for Africa and Global AI Governance
The tracker offers profound insights into critical issues:
- Strategic Direction and Policy Analysis: It reveals country-specific AI aspirations and identifies overarching policy priorities, with “digital infrastructure” appearing in over 90% of documents.
- Digital Sovereignty: Data is increasingly viewed as “liquid gold” and a sovereign asset. Debates around cross-border data movement, monetization, and control over digital infrastructure are vital. Dr. Munga cited concerns over foreign entities seeking health data, highlighting the need for beneficial partnerships and mechanisms for African nations to derive economic value from their data. The “kill switch” risk in imported technology, exemplified by instances like a social media platform being shut down due to US government issues, underscores the need for greater control.
- Frontier Technologies and Ethical Concerns: Emerging technologies like Low Earth Orbit (LEO) satellites (Starlink, Kuiper) offering direct internet access raise new governance challenges, potentially bypassing national regulators and raising questions of espionage and data extraction. The “Worldcoin” project’s Orb scanning in Kenya sparked ethical debates about data extraction and individual privacy.
- Indigenous Innovation and Inclusivity: There’s a strong call for developing AI models that are representative of African languages, cultures, and ensure technology is accessible to all, including non-English speakers.
- Global AI Governance: AfTech helps position Africa in global forums (e.g., UN, ITU), ensuring its interests are represented in rulemaking for new technologies like 6G, rather than being mere recipients of global policy.
Engaging with Policy for Innovators
Dr. Munga acknowledged that policy is often an afterthought for innovators but stressed the importance of proactive engagement. She suggested mechanisms like joining industry associations (e.g., Kepsa), participating in grassroots movements (e.g., IndabaX), direct communication with ministries, and actively contributing to public participation processes for draft legislation.
Quality of Legislation and the “Brussels Effect”
A critical discussion point was the quality of African legislation, particularly the “Brussels Effect,” a term used to describe how European laws (like GDPR) heavily influence or are “copy-pasted” into African contexts. While these laws provide safeguards, Dr. Munga raised concern that they often overlook the economic potential and monetization of data for African nations. She argued for the need to design laws that balance protection with creating pathways for data to become an economic asset, supporting indigenous innovation and robust digital economy development.