Skirting long held Parliamentary procedure of issuing Green and White Papers before the introduction of a new Bill, the Government has fast tracked a Non-Profit Organisations Bill, 2018 (NPO Bill) to regulate NGO's.
The House of Assembly (lower house) has already passed the legislation with the Senate (upper house) expected to debate it tomorrow (December 10, 2018) displaying what Hayek called a pretence of knowledge.
A pretence in the sense that they make assumptions that every NGO or charity that does work has the capacity to abide by the onerous terms laid down in the proposed Bill.
Not only that, if charities do not register under the terms stipulated they must cease operations or face hefty fines and even jail time.
In other words, you will comply or face the point of a Policeman's gun.
Many local non-profit associations (NGO's) operate on a shoe string through the goodness of their heart and provide services that the Government cannot, will not and should not provide.
In addition, while donors might not mind some people knowing that they donate to certain causes they might not want the amounts known. In many cases they want neither their identity nor the amounts revealed.
The Bill even contains reference to a newly appointed Registrar having the power to assess fines and jail time if an NPO does something that might be wrong in his/her "opinion". Surely the Bar Council would not approve of such language.
As usual the most egregious clause is the Registrar will be able to Summarily Convict individuals and their only recourse will be to the Supreme Court. A proposition that most charities cannot afford to even contemplate. If that is not a detriment to the right to a fair trial, nothing is.
We're told this fast tracking and ignoring democratic and parliamentary procedure is because the Organisation for Economic Co-operation and Development (OECD) is forcing their will upon us. If this legislation is not passed they will blacklist The Bahamas it is said.
Maybe so but what will Blacklisting be? Do we even know for sure what it entails?
The Country has been told they (the OECD) would prevent us trading in US Dollars, but I wonder if America would allow that to happen to one of their closest neighbours and allies. Shouldn't the powers that be at least ask them if they would want to see us implode while they carry on with tax havens in their own countries?
Society should be satisfied that this Bill has to be rushed through in its present form, if at all.
To top it all off, there is existing legislation that controls these matters.
Democracy is better served when legislation comes from the population up, not forced on it from some unelected international bureaucracy.
You can review a copy of the Bill here at Civil Society Bahamas' web site...
Let your voice be heard.