Artificial intelligence and the rights of asylum seekers and refugees: considerations for the regulation of AI in Africa

Abstract

Asylum seekers and refugees in Africa are at a critical juncture, faced with the rapidly increasing move by states to deploy artificial intelligence (AI) technologies for border control and refugee management. Due to the unique ability of AI to perform tasks that are commonly associated with humans, as well as the heavy promotion of its potentials, it has become the focus of many African governments. However, the increasing recourse to these novel technologies by African states in asylum and refugee contexts is a trend being copied from Western countries where these technologies are designed and deployed to curb unwanted migration. This thesis, therefore, critically investigates how the deployment of AI in Africa’s asylum and refugee terrain affects the rights of asylum seekers and refugees. It argues that notwithstanding the benefits of AI, deploying it without adequate regulation will violate the rights of asylum seekers and refugees and exacerbate the continent’s refugee crisis. Considering that Africa’s asylum and refugee settings are already plagued by human rights violations, persistent violent conflicts and socio-economic injustice, placing uncritical faith in AI technologies in such contexts is perilous to the interests of asylum seekers and refugees. Using the theoretical frameworks of decoloniality, critical race, and ubuntu, this thesis critiques the effectiveness of current regulatory frameworks to protect asylum seekers and refugees in Africa from the negative effects of AI. It propounds policy considerations to guide the regulation of AI deployment. Drawing lessons from the European Union and the United States of America, it recommends the adoption of a special binding AI treaty for the protection of asylum seekers and refugees in Africa. Finally, it urges policymakers to adopt a more concerted approach to the use of AI in Africa’s unique refugee and asylum context.