Update: The outcomes of CAHAI's work are now public. You can find the final document here.
ECNL has represented the Conference of International NGOs of the Council of Europe (CINGO) as a member participant of the Council of Europe’s Ad Hoc Committee on Artificial Intelligence (CAHAI), tasked to identify potential regulatory frameworks for Artificial Intelligence (AI) in Europe. With CAHAI's work coming to an end, read below the joint public statement of CSOs involved in the process, reflecting on the outcomes.
"Yesterday, the work of the CAHAI came to its close. As civil society organisations participating in or observing the process over the last two years, we are disappointed that the CAHAI’s recommendations fall far short of what is needed in terms of human rights, democracy, and the rule of law. We call upon the Council of Europe to ensure that the follow-up process – the Ministerial negotiations to actually draft a legal framework on AI – take into full consideration the need to ensure strong and effective human rights protections, and be designed in an open and inclusive way that allows for the participation of civil society representatives.
The CAHAI was established in 2019 and tasked with examining the feasibility and possible elements of a legal framework for the development, design and application of AI, based on Council of Europe’s standards on human rights, democracy and the rule of law. At the final stage of the process, and after two years of deliberations and consultations, we deeply regret many Member States’ clear intention to narrow the scope of any future legal framework and weaken the potential safeguards that would protect individuals harmed by AI. We are disappointed by their failure to use this unique opportunity to send a strong signal that the use of AI systems must always be in line with human rights, democracy, and the rule of law – the very foundations which the Council of Europe is built upon.
At the same time, we praise the efforts of the Council of Europe that have enabled some civil society organisations to participate meaningfully in the work of CAHAI. Both as representatives of individuals and groups affected by AI – in particular of overly affected and marginalized groups – and as a source of experience and expertise on how human rights and standards of democracy and the rule of law apply to the development, design and application of AI, it is imperative that the important contribution of civil society be fully recognised and benefited from. Thus, civil society organisations must continue to be able to participate – formally and informally – in the upcoming process established to actually draft a legal framework on AI through Ministerial negotiations, mirroring the Council of Europe’s commitment to include civil society as essential contributors to its activities.
Therefore, we urge the Council of Europe, the Secretary General and the Committee of Ministers to reflect this commitment to openness and inclusiveness in the structure supporting the negotiations of a legally binding instrument on AI starting in 2022, and to ensure that civil society organisations, in particular vulnerable groups, can both meaningfully participate in and be consulted during the negotiating process."
Signatories:
AlgorithmWatch
Conference of International NGOs of the Council of Europe
Global Partners Digital
Homo Digitalis