The Pan African Lawyers Union’s (PALU) Annual Conference was held from 16 to 18 October 2024 in Addis Ababa, Ethiopia. President of the Law Society of South Africa (LSSA), Joanne Anthony-Gooden attended the conference and compiled the following report.

Legal practice: AI development

On the first day of the conference a session titled ‘Legal Pioneers in AI development – guiding the evolution of artificial intelligence in Africa’ was held. The topic discussed was ‘Navigating legal and ethical boundaries in the age of AI – copyright ownership and digital rights challenges’. According to the panellist, Head of the Technology Department at Victory Attorneys and Consultants, Fatma Haruna Songoro, there must be fair and transformative use when using artificial intelligence (AI) and training models must be accurate, as one must be able to distinguish between computer assisted and computer-generated AI.

Key points of the discussion included:

• How effective is the traditional intellectual property framework in protecting AI generated work?
• Is the current copyrights regime suitable for AI-generated work?
• Is there an urgent need for reform?
• How do we ensure that AI is effective without infringing on copyright laws?

The panel spoke about the Protocol to the Agreement Establishing the AfCFTA on Digital Trade, which is a common legal framework for digital trade among state parties, with harmonised rules, and common principles and standards, that enable and support digital trade. This protocol mainly addresses market access, digital trade facilitation, data governance, business and consumer trust, digital trade inclusion, emerging technologies and innovation.

The panel also referred to the Continental Artificial Intelligence Strategy, which provides the priority to provide AI governance system and regulations at regional and national levels.

According to Google AI principles, AI should –

• be socially beneficial;
• avoid creating or reinforcing unfair bias;
• be built and tested for safety;
• be accountable to people;
• incorporate privacy design principles;
• uphold high standards of scientific excellence; and
• be made available for uses that accord with these principles.

However, applications that will not be pursued are those where AI is –

• likely to cause overall harm;
• used to cause direct injury;
• used in surveillance that violates internationally accepted norms; and
• used to contravene international law and human rights.

Ethiopian lawyer and panellist, Aman Assefa, spoke about the role of lawyers on AI regulation and said that at the outset, AI is everyone’s affair and concern and that lawyers should play a pivotal role. Mr Assefa said that the key areas for lawyers to consider are:

• Legal education: African education institutions should not lag in the AI debate. They should build capacity and make the resources available in law schools. They should address the impact and teach students on all aspects of AI.
• Advocacy: This key element encompasses lawyers’ skills and the articulation of argument and issues. It must be ensured that the presentation of Africa’s concerns and interests are not to be side-lined.
• Regulation: Gaps must be identified in existing legislation and proposals on optimum approaches to enact workable laws. Critical AI related topics must also be properly addressed.

Panel members from the session titled: ‘Legal Pioneers in AI development – Guiding the evolution of artificial intelligence in Africa,’ from left: Gelilah Tafesework Geletu, Dr Mesenbet Assefa, Fatma Haruna Songoro, and Muthuri Kathure.

Legal practice: Tackling forestry and fisheries

In the third session of day one of the conference the topic of illicit fishing was discussed. It was noted that illicit fishing is in fact a source of money laundering as many companies do not declare profits and/or funds in the correct tax jurisdiction. They declare their profits through the Cayman Islands to avoid tax in China.

It was stated that there must be transparency as to who has been issued with fishing licenses and beneficial ownership registries should be maintained. According to the panel, fisheries is a high-risk sector for money laundering, and they used Senegal as an example as there is no updated data on the fisheries sector in Senegal. Senegal has 718 km of coastline and 212 000 km² of fishing waters and 3,2% of the national GDP is due to fisheries. Senegal exported 300 000 tonnes of fish in 2022 and in 2024, a new government was elected in Senegal. There are a number of issues within the fishing associations of Senegal and from the period of 2019 to 2024 it is difficult to establish exactly how many vessels were authorised to operate in the waters of Senegal. Many illegal vessels were identified in 2010 to 2019. In May 2024, the government issued an authorised list of vessels allowed to operate in Senegalese waters, namely 132 trawlers, however, there are 49 ‘ghost’ vessels in Senegal who are fishing without licenses but who have Senegalese registration. The location of these trawlers is unknown. What the Senegalese Government is trying to understand is, if those vessels are profiting by selling their fish to other Western African countries.

Illicit fishing is a massive cause for concern and impacts the biodiversity losses in the country, not to mention the increase of unemployment and poverty. According to the panel, the only way forward is to fight the scourge of illicit fishing. Africa must preserve their fisheries through extensive surveillance, which can only be done through resources, however, financial and humanitarian resources continue to be limited. Africa needs to boost investigations of vessels and continue to do inspections of these unlicensed vessels in their waters.

Regarding forestry, illegal deforestation and crops grown illegally on deforested land is a massive issue in Africa. This related to a US$ 15 billion loss to Africa. The example was given of Cameroon, where 42% of the land in Cameroon is covered by forests. The country has the 20th largest tree covered area in the world with 30,5 million hectares. By the end of 2023, Cameroon lost 49% of its forest area with over 203 000 hectares lost, this is the highest rate in the country’s history. The main driver of forestation is commercial agriculture, and the forestry sector is among the most corrupt in Cameroon. There is a lack –

• in data from public institutions;
• of contract transparency on logging contracts and licenses;
• of adequate land ownership data;
• of adequate public beneficial ownership data; and
• in naming those caught for forest crimes.

Recent advances in the fight against deforestation includes:

• Civil society and journalists can make a difference by using satellite data to do research, write investigative stories, expose supply chain issues in the sector and give a voice to local communities whose livelihood suffers because of this scourge.
• The government have created a beneficial ownership registry in 2022, which became law in 2023, and is housed at the tax office for increased monitoring.
• Only some aspects of the oil and gas sector are public but not forestry.
• The Extractive Industries Transparency Initiative (EITI) suspended Cameroon in March 2024.
• It is not possible to request information officially.
• A land registry is held by the Ministry of Lands, but it has many inconsistencies and inaccuracies leading to land conflict.

Business law

• Strengthening data protection frameworks

On day two of the conference a session titled ‘Strengthening Data Protection Frameworks Across Africa: Leveraging Legal Mechanisms and Expanding Networks’ was held. In this session the issues to be mindful of include digital surveillance and Internet shutdowns in Africa. It was said that it needs to be monitored, especially during elections.

Data protection is the foundation of Africa’s digital transformation, ensuring privacy, security and fostering trust in digital systems. It is essential for fostering trust in digital services to enable digital inclusion and safeguarding vulnerable populations. It also boosts international trade, and legal frameworks ensure accountability and cross-border collaboration.

It was stated that Africa has not really taken advantage of data as a strategic asset, unlike other parts of the world. With the strategic role of data, informed decision making can be made, with economic growth and social justice, because data is an asset, and we need an African approach to data protection.

• Personal data protection

As data is beneficial for research and development, personal data is stored in the digital space. The question is whether the storage is safe and secure? Data controllers must process, control and use the information in a secure manner and not access that information without our express consent. Thirty-six African states have legislation on data protection. The technical issues are relevant, and we must keep updated and learn from our African neighbours. We need to inject accountability.

It was stated that differentiation needs to be noted between ‘cloud stored’ and ‘digitally stored’. Technical knowledge is key and currently the regional engagement is extremely poor.

• The road ahead: Addressing challenges of enforcing privacy and digital rights in Africa

As there is a lack of skills and resources in digital space in Africa, data protection is a challenge. It has been noted that there is a lack of government commitment to protecting digital space and/or digital rights. This is cause for concern.

• AfCFTA Protocol on Investment

It was stated that there are contentious issues with the Protocol to the Agreement Establishing the African Continental Free Trade Area on Investment (the protocol), including political and economic challenges.

The purpose of the protocol is to promote investment, as well as protect investments and make sure that investments are sustainable. Furthermore, the protocol maintains:

• The minimum standard of treatment under international law for investor’s protection.
• The investor’s obligations are without prejudice to the state parties and investments must comply with national and international law.
• All environmental protection is guaranteed, and there must not be a breach of human rights.
• Investors must respect the local indigenous communities and must respect local social political norms and local communities.
• Investors must be alert to profit splitting to less strict tax jurisdictions (in respect of intercompany transactions).

Joanne Anthony-Gooden BJuris LLB (NMU) is the President of the Law Society of South Africa.

This article was first published in De Rebus in 2024 (December) DR 12.