the Development of Access to Information (ATI) Law in Yemen

The consultant is expected to deliver: • The report prepared should be in Arabic and in electronic format. • The report submitted should not be less than 30 pages. • A 2 to 4 pages executive summary of the report. All deliverables must be submitted in Arabic (with professional quality and clarity). The completed parts should be edited and saved in MS-Word (*.docx file) or an alternate compatible format. Note that PDF format will not be accepted. It should include a table of contents to be automatically updated followed by a list of all tables and figures. The various parts should be submitted in electronic form and sent to the email of the designated focal point. Attention is kindly drawn to the need to ensure that the final draft of the outputs be thoroughly reviewed prior to submission and to indicate the sources of tables and diagrams. References to reports and other substantive material should be clearly indicated within the text and noted at the end. It is also essential to send, with the completed output, photocopies or scans of at least the first page of books, reports and bulletins, used as reference material as well as copies of the pages quoted. The content of the generated document shall be the sole property of ESCWA. Their contents cannot and must not be presented, discussed or published without the express authorization of ESCWA. The consultant shall keep in mind that UN-ESCWA routinely checks all deliverables for plagiarism using readily available electronic tools. All previously published content, even if written by the selected consultant, must be clearly referenced where required within the text and end-noted at the end of the study. The report submitted by the consultant must not contain quoted, previously published text equalling more than 20 per cent of the total number of pages. The consultant shall not publish or announce or reveal the content of the report, partly or entirely, on social media or any other public channel, without ESCWA and MTIT permission. The content of the generated document shall be the sole property of ESCWA.

I. GENERAL SCOPE The rapid expansion of information and communications technologies (ICTs) across public institutions has fundamentally transformed how governments generate, store, and disseminate information. This transformation has reinforced the importance of robust legal frameworks governing access to information, such as transparency, accountability, and the free flow of information are essential foundations for democratic governance, sustainable development, and public trust. In the Arab region, several countries have made progress in adopting access to information laws; however, implementation gaps and evolving digital governance practices continue to pose challenges to the effective realization of the right of access to information. At the same time, the increasing digitization of public services, the use of digital platforms, and the management of large volumes of data by public authorities require access to information legislation that is aligned with international standards and responsive to contemporary administrative and technological realities. Well-designed ATI laws not only safeguard the public’s right to know but also provide clear obligations for public authorities, define permissible limitations, and establish effective oversight and appeal mechanisms. At the global level, the UN actively promotes transparency, inclusiveness, and accountability as core principles of good governance and sustainable development. In September 2024, world leaders adopted the Pact for the Future during the Summit of the Future, together with its annexes, including the Global Digital Compact (GDC) and the Declaration on Future Generations. The GDC underscores the importance of open, transparent, and accountable digital governance and highlights access to information as a key enabler of trust in public institutions and meaningful participation in public life, including in digital environments. The UN-ESCWA has a long-standing mandate in supporting its member States in strengthening governance frameworks, including legal and institutional reforms related to transparency, access to information, and the responsible use of digital technologies. Through its technical cooperation program, UN-ESCWA continues to support member States in enhancing their capacities to design, implement, and enforce access to information laws, including the development of implementing regulations, institutional arrangements, and mechanisms for oversight and redress. In this context, the Ministry of Telecom and Information Tech (MTIT) – Yemen requested UN-ESCWA technical assistance to develop national ATI law in Yemen. In response, ESCWA is engaging a qualified legal consultant with specialized expertise in access to information law to provide advisory services tailored to the national context, to be aligned with international and regional best practices. This consultancy is part of a coordinated package of three inter-related legal instruments being developed simultaneously for Yemen: Access to Information Law, Personal Data Protection Law, and an e-Transactions and Trust Services Law. The consultant shall be aware of this broader legislative package and shall flag, in the drafting notes annex, any provisions in the assigned law that intersect with or depend upon the other instruments, to ensure coherence across the three laws. The scope of work, responsibilities, and expected deliverables of the consultancy are set out in these Terms of Reference. III. DUTIES AND RESPONSIBILITIES The consultant shall propose to the designated ESCWA focal point a detailed version of the report on ATI law. To produce the draft report, the consultant is requested to conduct, among others, the main following tasks: 1. Benchmarking and Best Practices • Review current national laws related to digital and emerging technologies in Yemen; • Review best regional and international practices in ATI law (at least 2 selected regional and 2 international cases with justification for case selection provided in the report; 2. Stakeholder Engagement • Identify main national stakeholders, hold, in coordination with MTIT, interviews and meetings with the main national stakeholders and prepare minutes of each meeting/interview summarizing the discussed points, their remarks, observations and proposals; • Contribute to sectoral workshops to discuss needs and priorities, if needed; • Discuss priorities and needs with MTIT and ESCWA; • Document findings, priorities, and challenges. 3. Situational analysis • Analyze existing legislation, and regulatory frameworks; • Conduct a comprehensive gap analysis; 4. Law Development • Draft a suggested law based on national needs, gap analysis, international/ regional best practices, and ESCWA template for cyber legislations; The template will be shared with the selected consultant upon contract signature and shall serve as a structural reference. The consultant may propose adaptations based on the Yemeni context, with justification. The draft ATI law shall include, at minimum: (i) Preamble and guiding principles (including maximum disclosure, transparency, accountability); (ii) Definitions; (iii) Right of access to information; (iv) Scope of application and covered entities; (v) Proactive disclosure obligations; (vi) Categories of information subject to disclosure; (vii) Permissible limitations and exemption (including harm test and public interest override); (viii) Procedures for submitting and processing requests; (ix) Timelines for response; (x) Fees and cost regime; (xi) Records management and preservation obligations; (xii) Oversight body and institutional arrangements; (xiii) Appeal and redress mechanisms; (xiv) Sanctions and enforcement provisions; (xv) Protection measures (including whistleblowers and good-faith disclosures); (xvi) Accessibility and inclusion provisions; (xvii) Implementation, monitoring, and reporting obligations. 5. Validation and Consultation • Present and discuss, under the guidance of ESCWA and MTIT teams, the draft law with national entities in an enlarged meeting or workshop. • Update and enrich the suggested draft based on the comments received during the workshop/meeting and from ESCWA and MTIT team. 6. Finalization • Deliver a final report that includes a summary of implemented activities with the suggested law and recommendations for phased implementation. ESCWA promotes gender equality and integration of youth through its publications and therefore the consultant should pay attention, with the help of ESCWA staff, to gender considerations and youth dimension throughout the research work to ensure that the report gives equal attention to the needs of both men and women, as well as girls and boys. Writing should use gender-sensitive language.

An advanced university degree in law or a related field is required. A Ph.D. degree is desired All candidates must submit a copy of the required educational degree. Incomplete applications will not be reviewed. At least 5 years of demonstrated experience in the drafting, review, or advisory assessment of access to information, freedom of information, or transparency legislation is required. Previous experience in the domain of cyber legislation is required. Familiarity with the Yemeni legal system or civil law systems in the Arab region is desirable. Previous experience in the delivery of research papers is desirable.

English and French are the working languages of the United Nations Secretariat; and Arabic is a working language of ESCWA. For this position, Fluency in written and spoken English and Arabic is required Note: “Fluency” equals a rating of ‘fluent’ in all four areas (speak, read, write, and understand) and “Knowledge of” equals a rating of ‘confident’ in two of the four areas.

Not available.