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Building AI and the rule of the law in Eastern Africa: UNESCO listened to judicial professionals on Guidelines for the Use of AI in Courts and Tribunals
In 2023, the a survey by the UNESCO Programme on AI and the Rule of Law on the use of AI systems in the judiciary revealed that a staggering 93% of judiciary professionals are now familiar with artificial intelligence. More strikingly, 44% integrate AI into their daily tasks, using it to summarize texts, draft emails, prepare documents, and legal research.
This is part of a larger movement worldwide to recognize the gaps that need be filled to shape nascent AI ecosystem into robust and ethical environments. AI Uptake in the judiciary is growing, yet a significant lack of guidance and training remains. According to 91% of judicial operators, their institutions do not provide training or official guidelines on the responsible use of AI in their daily work.
Africa is increasingly part of this effort to build capacities. In June 2024, the Eastern African region came together to issue the , which emphasized the urgency of equipping justice sectors with the capabilities to leverage AI for improved access to justice and protect society from its harms. Judges, as gatekeepers of the law and human rights, are uniquely positioned to act in that front.
In response to this need, UNESCO developed the . The guidelines align AI use in judicial settings with values of justice, human rights, and the rule of law by identifying thirteen principles surrounding the opportunities and risks of AI. Yet, these are not final. The task demands input from global stakeholders. That is why UNESCO hosted a series of open consultations to engage with justice sectors everywhere, including in Eastern Africa.
During the consultation, Prof. Juan David Gutierrez, author of the Guidelines, emphasized that 鈥渨hile AI can improve the work of judicial actors in different ways, to make operations more efficient and maybe even help with access to justice, AI systems are not infallible, they can create new risk or enhance existing risks鈥, underscoring that they 鈥involve certain responsibilities and obligations for the deployers and users of these systems鈥.
Misako Ito, UNESCO Regional Advisor for Communication and Information in Africa, emphasized the global nature of these consultations, noting that 鈥渢his is one of the regional consultations happening in Africa, with other consultation taking place in other regions for these guidelines to be truly global鈥.
Given that justice systems differ by region due to different cultures and belief systems, dialogue with and integration of local stakeholders is crucial to making the guidelines globally relevant. Most AI systems used in African countries are developed outside the continent, often relying on data that fails to represent African legal systems, languages, and traditions. This exacerbates the risk of biases, discrimination, and nonsensical outcomes. In response, participants emphasized the importance of integrating principles that reflect regional specificities, including aspects of customary law.
Each consultation improves upon the UNESCO Guidelines on the Use of AI in Courts and Tribunals with the best knowledge each region of the world has to offer. UNESCO will continue fostering the evolution of resources to help countries advance responsible AI. The final version of the Guidelines is set to be unveiled at the UNESCO Global Forum on AI and Digital Transformation in the Public Sector, to be convened in Paris on 12-13 February 2025.
The guidelines are developed as part of the UNESCO鈥檚 funded by the European Commission project on 鈥淪upporting Member States in Implementing UNESCO鈥檚 Recommendation on the Ethics of AI through Innovative Tools鈥.
