There are concerns that the government has been sidestepping the church during consultations on the proposed Non-Profit Organisations Act, which could be passed as early as October.
Church leaders made this observation during a recent online sensitisation meeting organised by the Jamaica Umbrella Group of Churches’ Public Witness Committee and the Lawyers Christian Fellowship.
There are several questions yet to be answered regarding the proposed legislation that will replace the Charities Act, but Attorney at Law Helene Coley-Nicholson said she was assured by a compliance officer at the Companies Office of Jamaica that the churches fall within the Financial Action Task Force (FATF) definition of non-profit organisations.
One of the participants, Milton Maye, said the Jamaica Umbrella Groups of Churches had not been formally informed as an entity about the proposed changes.
“The umbrella groups of churches that are an entity that is known to the government and all walks of government that participate in many government activities as an entity, we were not informed of this move,” he said.
He said invitations to previous sessions appeared to have been directed mainly towards people who were already registered with the Charities Office or who had connections to charitable organisations.
“It is by invitation, so there’s not been any open public invitation for people to come,” Maye said.
He estimated that there had been approximately four to six sensitisation sessions since the last year, conducted through Zoom and hybrid meetings.
The meetings have been hosted primarily by the Department of Co-operatives and Friendly Societies, in collaboration with the Ministry of Industry and Commerce. Other entities involved in discussions about the proposed legislation include the Tax Administration Jamaica, Companies Office of Jamaica and the Anti-Terrorism Task Force.
An initial report by the Freedom Come Rain Newspaper had indicated that the churches were invited to these discussions, but Coley-Nicholson has since clarified that the meetings attended by the churches were organised by the churches to discuss information gleaned independently about the impeding legislation. She noted that several details remain unclear because a draft bill and regulations have not yet been made available.
One participant insisted that the government conduct a broad public sensitisation campaign involving church organisations across Jamaica. This sentiment was also shared by the pastor of the Portmore Holiness Christian Church and Chairman of Jamaica CAUSE (Churches Action Uniting Society for Emancipation), Bishop Dr Alvin Bailey, who argued that the issue needed to be discussed more widely.
“In fact, it should be on the radio; it should be all over,” he insisted.
He questioned why a matter that could affect churches across Jamaica has not received more public attention.
Public discussions regarding the new Non-Profit Organisations (NPO) Act has focused on the potential impact on civil society organisations. They too have been calling for consultation, public awareness, and collaboration in designing policies to ensure the legislation is effective and enabling. According to data presented by the Council of Voluntary Social Services (CVSS), which was attributed to the Department of Co-operatives and Friendly Societies, donations to registered charities exceeded J$40 billion in 2021.
“Non-profits are closest to the communities these laws will affect. Consultation is not optional; it is essential,” executive director of the CVSS, Nancy Pinchas, stated in a media report earlier this year.
The government continues to make adjustments that will impact non-government organisations through the Department of Co-operatives and Friendly Societies. The process to renew status or register as a charitable organisation became fully digitised on September 1, with very limited if any consultation with charities. The new mechanism was implemented by the Ministry of Industry, Investment and Commerce in partnership with the Jamaica Customs Agency (JCA). Portfolio Minister Senator Aubyn Hill insists the transition to a fully digital platform is part of a broader push to modernise public services while strengthening oversight of charitable organisations.
“The digitisation initiative is especially important as Jamaica prepares for an upcoming review by the Financial Action Task Force (FATF), the international body that monitors compliance with global anti-money laundering and counter-terrorism financing standards,” Senator Hill stated.
With 67 per cent of the local population claiming to be Christians, the church remains one of the largest constituencies in the country and is usually visited by politicians to solicit votes during the heights of general elections. However, the stance by the church against unGodly agendas being pushed by international funding agencies has placed several government entities that depend on this funding in a predicament.