Scrolling into the unknown: the adequacy of Uganda’s legal framework on artificial intelligence and its implication on economic, social, and cultural rights

Abstract

Artificial intelligence is deeply integrated into the private and public sectors of Uganda yet Uganda does not have any AI specific legislation leaving Uganda to rely on the existing legal framework to govern AI development, deployment and use. The presence or absence of AI regulation greatly impacts the realisation of Economic, social and cultural rights . The international community has thus put in place legislation to ensure human rights promotion in the AI Era. This research therefore interrogates the adequacy of Uganda’s legal framework on Artificial intelligence regulation and the impact of the presence or absence of AI regulation on ESCRs specifically on the Right to livelihood and the Right to Education. The paper analyses the Electronic Transactions Act and Computer Misuse Act and finds that they offer some scattered protection against AI misuse but are largely insufficient in AI regulation. The research also analyses various International and regional AI instruments to ascertain how they provide for human rights protection with focus on the European Union AI Act. The study finds that ideally the presence of AI regulation safeguards’ people from AI harms and ensures that AI developers, deployers and users respect human rights while navigating this technology. However, the absence of AI specific regulation exposes Ugandans to violation of their human rights arising from unethical AI practices leaving them without mechanisms for redress and with no accountability mechanisms to hold the perpetrators liable for the unethical AI use. This study recommends a concerted effort by various key stakeholders to ensure an enjoyable AI experience. The policy makers should craft a human rights centric AI law, the judiciary should empower its officers with AI related skills, Civil Society Organizations should lead public awareness initiatives, Universities should enact AI regulation to regulate its use in learning. The academia should facilitate research and international cooperation is encouraged as AI use is transnational.