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The Impact of AI on Democracy, Human Rights and the Rule of Law

The entry of ChatGPT into the global Artificial Intelligence (AI) industry in 2022 highlighted both the immense opportunities and challenges AI technologies pose.

This was a key focus at the 148th Inter-Parliamentary Union (IPU) Assembly held in Switzerland in March 2024. I and fellow members of parliament attended as part of a delegation led by Peter Katjavivi, speaker of the National Assembly.

The discussions provided a platform for MPs to address pressing AI-related issues, contributing to a final resolution that was later reviewed and approved at the 149th IPU Assembly on 17 October.

One of the most critical resolutions adopted by the 149th Assembly urges member parliaments to focus on the responsible development, deployment and use of AI, including capacity-building initiatives and connections to relevant global efforts.

The Eighth National Assembly of Namibia should understand and engage with this demand, with the goal of developing a legal framework for AI.

NAMIBIAN INITIATIVES

Namibia is actively embracing AI and other technologies to foster innovation and development.

Key initiatives include the National Commission on Research, Science and Technology; the Namibia Green Hydrogen Research Institute at the University of Namibia, dedicated to developing the green hydrogen sector; and the Southern Africa Sub-Regional Forum on AI, held in collaboration with Unesco, focusing on ethical AI usage, AI governance and capacity building. 

Moreover, the Fourth Industrial Revolution (4IR) task force submitted a report, ‘4IR as an Enabler of Green and Inclusive Industrialisation’, to former president Hage Geingob in August 2022.

It recommended that Namibia establish a national AI institute to coordinate AI research and development and facilitate the development and use of trustworthy AI systems in both the public and private sectors.

These and other efforts underscore Namibia’s commitment to leveraging emerging technologies for sustainable growth and problem-solving.

Despite these advances, there is growing concern about AI being used for purposes beyond research and development.

If left unchecked and unregulated, this trend could negatively impact democracy, human rights and the rule of law.

COMPLEXITIES AND CONCERNS

Among others, AI includes machine learning, deep learning and generative AI.

Generative AI is particularly relevant to this discussion. It can create new content, such as text, images or code, based on input provided by users.

In his book ‘African Artificial Intelligence: Discovering Africa’s AI Identity’, Mark Nasila explains how generative AI uses technology to create new content.

It learns patterns and generates new material by analysing data like text, audio and video files, often with little or no human guidance.

Generative AI is both fascinating and complex, raising important questions about its ethical use and regulation.

The 149th IPU Assembly highlighted concerns about AI’s potential to intensify the spread of false or misleading information, discrimination and extremism.

Misuse can lead to distrust and online violence, including AI-driven gender-based violence against women, particularly those in politics.

Such actions threaten the credibility of democratic institutions and public trust.

POLITICAL ABUSE

During last year’s national elections, some political actors used generative AI to produce fake videos and images aimed at discrediting opponents.

For example, covert political actors circulated a fabricated video showing Swapo’s presidential candidate ‘falling off a stage’ at a fake rally.

Worryingly, a state-owned broadcasting journalist repeated this falsity during an interview with a South African news channel.

Certain political actors and their supporters created fake social media accounts, particularly on platforms like Facebook and X (Twitter), to spread false information and target perceived adversaries.

In a disturbing example of external interference, certain southern African political operatives were ‘enlisted’ to meddle in Namibia’s domestic politics.

Their tactics were reminiscent of the infamous Bell Pottinger case: A British public relations company embroiled in a South African scandal for running a disinformation campaign that heightened racial tensions and undermined democracy.

In Namibia, efforts, both locally and abroad, aimed to undermine the ruling party through hostile social media campaigns.

The aim appeared to be to destabilise our democratic processes and push for regime change, particularly following the fall of the Botswana Democratic Party.  Such actions harm democracy, human rights and the rule of law by spreading misinformation and disinformation, which can weaken trust in democratic institutions, encourage extremism and violate people’s rights to privacy and control over their data.

Children, women and people with disabilities are often most affected by these negative impacts.

THE NEED TO ACT PROMPTLY

The 149th IPU Assembly noted that AI technologies, when used responsibly and made accessible to everyone, can benefit democracy.

They can help make public institutions more transparent and accountable and encourage citizens to take part in political activities.

In light of this, the assembly passed a resolution urging member parliaments to implement comprehensive legislative measures aimed at preventing the creation and dissemination of deepfake intimate images, acknowledging that such content is often pornographic and disproportionately targets women and girls.

The resolution also calls for the prevention of other AI-generated material that spreads hate speech or incites violence, including gender-based violence.

Namibia must urgently adopt robust AI legislation to address the threat of misinformation and malicious online activities.

New laws should include tools capable of tracing the origins of false narratives, character assassination and harmful rumours on social media.

By identifying the sources – such as the Internet Protocol addresses of devices – these measures would ensure greater accountability and enable swift action against those responsible for spreading disinformation.

This is a necessary step to safeguard democracy, protect human rights and uphold the rule of law in a growing digital era.

The fear for Namibia is that good policy recommendations are not implemented timeously.

  • Henny Seibeb is a pan-Africanist. He holds a postgraduate diploma in poverty, land and agrarian studies from the University of the Western Cape and a bachelor of public management (honours) in political science from the University of Namibia.

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