Governing data as a public good: The key to Africa’s realisation of the Global Digital Compact?

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In collaboration with the United Nations Economic Commission for Africa (UNECA) and the Global South Alliance (GSA), Research ICT Africa (RIA) hosted a side event during the Summit of the Future (SOTF) at the South African Permanent Mission in New York. The event focused on data governance in Africa, emphasising its potential as a public good. The discussion explored how Africa can leverage global frameworks, focusing on the contexts of the Global Digital Compact (GDC) and the African Digital Compact (ADC) and assessing the opportunities within these instruments, which are currently a top continental and global focus point. The arguments in this piece were framed by the session discussants, which included representatives from African civil society organisations working across East, West and Southern Africa, as well as philanthropic organisations. Participants highlighted their observations and a number of challenges that, if addressed, will facilitate policy harmonisation, which is crucial for the successful implementation of the GDC and the ADC in Africa towards realising its digital transformation.

The public value of data

To consider data as a public good, we move beyond individualised notions of data privacy and towards collective human rights frameworks that recognise the uneven distribution of data-related harms and opportunities across the continent. In this context, data emerges not merely as a tool for commercial value creation but as a crucial component of public interest value, with the potential to significantly impacting education, healthcare, governance, trade and more.

Civil society representatives emphasise that data is crucial for measuring digital inequality, yet in Africa, comprehensive, local data to inform policies are lacking. Without accurate, locally sourced data, African governments and organisations are often forced to rely on foreign data or datasets that exclude vast segments of populations, particularly those who are offline or live in rural areas. The result is a feedback loop in which those who are already marginalised remain invisible in the data and, consequently, in policymaking processes.

Challenges in cross-border data exchanges

Multistakeholder engagements, partnerships and international cooperations would serve as platforms to consider preferential discrimination, a system whereby historically disadvantaged groups are presented with opportunities to address imbalances in data accessibility, usage and value creation. In the current cross-border data exchanges , there are many asymmetries in the quality of data and the institutional capacity to use data, which only exacerbates global digital inequalities.  This is already acknowledged in the African Union Data  Policy Framework (AUDPF), which demonstrates how data can be shared within and outside the continent while carefully considering the balance between trade and innovation motivations,  sovereignty, trust and human rights. However, despite this, one of the primary concerns raised in the discussions was the tendency for trade agreements to overrun such continental frameworks developed through local stakeholder consultations. Similar problems persist within global policy processes such as the GDC, where the first drafts with technical inputs considering human rights and equality were eroded as the versions went through multilateral negotiations. Trade policy instruments, such as those related to the African Continental Free Trade Agreement (AfCFTA) have also proceeded with a lack of transparency, consultations and local expertise or evidence, leading to outcomes that do not fully address the unique needs of African nations. 

Further complicating the picture is the issue of enforcement and political will.  During the side event, reference was made to the Worldcoin case in Kenya, which exemplifies how global digital practices often clash with national data governance frameworks. Despite Kenya having strong data privacy laws and an empowered Data Protection Commissioner, direct interactions between the Kenyan President and the founder of WorldCoin bypassed the established national protocols, raising concerns about the effectiveness of local regulatory bodies when faced with pressure from high-level political connections and commercial players. This raises questions about the focus and enforceability of digital governance frameworks.

Data as information for public good

A number of AI strategies, both globally and on the continent, focus on its potential to be an economic driver, but AI and data can also contribute to achieving more equal, inclusive societies. Social and civic justice actors can have a significant role in the deployment and democratisation of AI and with infrastructure deployment for internet access, as demonstrated by community networks as alternative means for access. In a discussion about recent protests in Kenya, the side event participants highlighted the role of data in holding governments and institutions accountable. Civil society groups and the general public faced significant challenges in accessing accurate data during the protests, which limited their ability to engage meaningfully with the government. This scarcity of reliable data created fertile ground for misinformation, revealing a deeper issue: the connection between datafication and information integrity – where data access in Africa is uneven, leaving some populations vulnerable to misinformation while others with greater resources benefit from privileged access to information. In this context, the role of journalists and the media was also scrutinised, as they often lack the resources to interpret and disseminate complex datasets in ways that can inform the public about policy processes.

Digital public infrastructure and digital public goods

The global rush towards artificial intelligence (AI)I and digital public infrastructure (DPI) development calls for a rights-respecting and inclusion approach, which are often overlooked in national and global policy initiatives. The GDC has provisions on DPIs but lacks the language of inclusion and human rights needed to tackle the challenges already experienced in the deployment of digital IDs and payment systems in some developing countries. South Africa’s uptake of the G20 leadership from Brazil in 2025 will most likely continue the conversations around universal and meaningful connectivity, with RIA and partners from the global South already contributing to discussions around DPI governance through T20 Policy Brief Submissions. This will help shape the G20’s focus on  DPIs to reflect Africa’s strategic interests and realities, recognising that DPIs in Africa will have to look significantly different from those in places like India, given their smaller economies, limited infrastructure and distinct local challenges.

Picking up from what’s left of the African Digital Compact 

The ADC is a landmark policy document, which if effectively implemented, can harmonise efforts across Africa to maximize the benefits of the GDC.

Like the GDC, the ADC is meant to be a set of commitments by member states and was endorsed by African ministers during the launch of the continental AI strategy. In alignment with the GDC, the ADC proposes strategic policy interventions for member states, focusing on critical areas such as connectivity, digital infrastructure, cybersecurity and cyber stability. It emphasises a multi-stakeholder approach, involving governments, multinational corporations and civil society organizations, underscoring the collaborative spirit needed to navigate the complex digital landscape. The compact also suggests follow-up mechanisms, including regular reporting by member states and the formation of multi-stakeholder working groups to address thematic issues. Notably, it highlights common areas of interest that form members states’ positions in the GDC negotiations, such as digital sovereignty, human rights, non-interference, regional cooperation and digital inclusion.

However, despite being touted as a product of extensive stakeholder consultation, the ADC has drawn criticism from civil society on the lack of meaningful engagement, evident in the document’s shortcomings, particularly concerning human rights.

While human rights is positioned as a central pillar, the ADC’s treatment of this crucial aspect remains superficial. The compact neglects to incorporate established frameworks like the African Charter on Human and Peoples’ Rights (ACHPR), which could have provided a robust foundation for implementation while addressing human rights from the African perspectives. A narrow focus on the issue of personal data protection overshadows other fundamental digital rights such as access to information and freedom of expression. This selective approach to human rights, coupled with the lack of genuine stakeholder participation, also raise concerns that these elements were merely included as a symbolic gesture to align with prevailing global norms in digital governance.

Digital sovereignty is covered as a common African position in the GDC negotiations. It is recognised as a complex area of interest by civil society members, and is also reflected through RIA’s engagement with governments when providing technical assistance on national data governance frameworks. Data sovereignty exists on a continuum, with varying degrees of control and openness. Countries have the autonomy to determine their position on this continuum by deciding which types of data to share and under what conditions. This ability to make informed decisions about data sharing is a form of autonomy and sovereignty in its own right. However, calls for sovereignty and non-interference in the ADC need to be qualified with international and regional human rights standards.

Next steps: Towards a better stakeholder collaboration for a maximum policy impact 

The main goal of the side event was to examine how the governance of data as a public good can accelerate Africa’s implementation of the GDC, supported by the ADC. Expert insights highlighted several key priorities that Africa must address, not only for the GDC’s success but also for advancing regional instruments like the AfCFTA. As the continent steers towards digital transformation, it is essential that human rights, equality and inclusion are integral to the process.

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