Most non-profit organisations in The Bahamas should be aware of the Non-Profits Organisations Act, 2019 (“the Act”) and should already be registered or in the process of submitting an application for registration because it is now a legal requirement for active non-profit organisaitons to be registered under the Act.
As a new registrant or potential registrant under the Act, I recommend that your organisation take necessary steps to include a qualified lawyer as part of its network. Yes, please make sure that the lawyer is Call to the Supreme Court of The Bahamas or is Registered as an Associate with the Supreme Court of The Bahamas. As part of your due diligence you can make a phone call or send an email inquiry to the Registrar of the Supreme Court of The Bahamas to confirm the lawyer’s status.
A casual read of Part IV – Powers of the Registrar, and Part V – Record-Keeping and Reporting of the Act along with the penalties for breach of the Act should convince your organisation to take steps and start seeking out a qualified lawyer or two for your network.
Having speedy access to legal advice or consultation could be critical when having to respond to regulatory issues which require a different skill set that you may find in a Litigation Counsel.
So a word to the wise … before you need a lawyer start thinking about suitable qualified lawyers who you can approach now and find out whether they have experience in contentious and non-contentious regulatory matters.
Not only that a word to the wise is sufficient but planning ahead will improve the quality of your decisions as you begin your search.
All the best!
Feel free to direct any questions to Kean Smith at kean@smithkas.com or comment below.
Below is a recent interview of Desmond Brown discussing the importance of braille as a means of communication one day before International Braille Day 2021 which was observed on 4 January.
Interviewer:Would you please tell those who may not know you a little about yourself?
Brown:Hi, I’m Desmond Brown and have been totally blind for the past 46 years. I developed sight problems from I was about 2 years old. This happened as a result of an accident while playing around with one of my uncles and was hit with a stone in my left eye. From that time I had sight problems and became totally blind at the age of 15. However, before I became totally blind, I was sent off to Kingston, Jamaica to attend the Salvation Army School for the Blind, a residence school, due to the fact that I was experiencing difficulty learning in the regular school system. While there at the school for the blind I received all of the necessary adoptive and mobility skill training I needed to function as blind persons while at the same time getting my junior and high school academicals training. It was there at the school for the blind where I was first introduced to braille at the age of 13.
After leaving school and living in Jamaica for some years I joined my family – meaning, mother and siblings in the Bahamas since 1990. I presently work with the Salvation Army here in The Bahamas. For the pass 30 years or so I am heavily involved with the disability movement. Over the years I assisted in the formation of The Bahamas Alliance for the Blind and Visually Impaired. I served as President on two different occasions and in different capacity throughout the years.
Interviewer:The Bahamas Alliance for the Blind and Visually Impaired. What is that and what is their purpose?
Brown:The Bahamas Alliance for the Blind and Visually Impaired is a grass root advocacy organisation that is made up of blind and visually impaired individuals along with other individuals advocating for the rights and dignity of the blind and visually impaired in the Commonwealth of The Bahamas. We did this because we saw the need for us as Blind and Visually Impaired persons coming together and speaking out as one voice: because after all, no one really knows what we go through but we ourselves. Others may have some ideas; they may see some struggles but we know exactly what we are going through. So in 1997 we came together and said that we are going to establish an organisation, an advocacy group to advocate for the changes that we see that is necessary for blind and visually impaired persons to live meaningful and productive and independent lives in The Bahamas. Have we achieved all that we want to achieve? No! The growth is slow but we are seeing some changes based on our advocacy and the advocacy of other groups here in The Bahamas.
Desmond Brown
Interviewer:Can you give me an example of one change that you have seen over the years that has been made to support you and as a result of your advocacy?
Brown:One of the change although slow, the attitude of people in and around The Bahamas are changing; people are recognising slowly that blind and visually impaired persons along with persons with other disabilities are a part of the community and that we have a role to play in the development of our country. As a result of our advocacy, we see Government is now making mention of persons with disabilities when they are making announcements. Before, years ago they never use to mention issues confronting us persons with disabilities: The stereotypical belief and attitude is still out there but it is getting better; person are more and more recognising that yes persons who are blind and visually impaired can and are in many instances making a meaningful contribution to society. As we have always said, if blind and visually impaired persons and indeed persons with disabilities in general are given the right tools, education and training we will take our rightful place in society. As I said, it is not where it needs to be but it is gradually changing for the better.
Interviewer: What is braille and what is it used for?
Brown: Braille is a system by which blind persons and some visually impaired people used to read and write. It is a system made of 6 raised dots into parallel lines numbering from 1 to 6 from those 6 raised dots we can read and write all the letters and numbers and symbols that persons out there would write using the system … it is a system of raised dots and we normally read braille by touching it with the tips of our fingers and from that we can identify the different letters. However, I must say that the letters are not the shape of the regular print letters. It is a totally different system.
Interviewer:You learnt how to read braille when you went to a school in Jamaica. How have you used braille in your daily life?
Brown:Yes, I learnt to read and write Braille at the school for the blind in Jamaica. Braille is being used by blind persons all over the world in the same manner that persons with sight would use printed material for. We have the Bible in braille, different textbooks in braille, story books, novels etc. Braille is used for labelling, note taking, information sharing, etc. For example, I use braille a lot when I am making presentations even though I can use the computer: but I recognise technology can go down any moment so I like to have my braille notes with me so I can revert to it at any time. As a blind person, Braille is very useful and important to me in my daily life.
Interviewer:As far as you are aware are there any public services offered where braille is used as a means of communication?
Brown: We do not see much of that here in The Bahamas: however, there are some places when you go in buildings in elevators you will see different label alongside the print in braille but to be honest here in The Bahamas we do not find to many services offered in Braille. Some medication, the package has limited braille instructions. To be honest, here in the Bahamas we do not have many entities that offer information in braille. Once ago I use to see braille letterings on some ATM machines. However, I have not checked to see if that is still on some machines.
The reason I believe that the international community is focusing on Braille again is because as individuals and organisations representing the interest of the blind and visually impaired throughout the Caribbean and around the world are noticing that braille is somewhat being sidelined and that’s not good for the future development of the blind and visually impaired. Technology should not be used in an attempt to sideline braille because Braille is the only system by which we can independently read and write. Technology has helped to level the playing field – computers, smartphones, tablets etc. but should not be used to replace braille.
Interviewer:Are there any countries that you are aware of where braille is used widely or more widely than others.
Brown:Braille is used widely in many countries around the world; some more than others because of their large population of blind and visually impaired users. There are places where you have public library, and other entities that offer information in Braille, but here in The Bahamas you have only the Salvation Army Erin H. Gilmour School for the Blind that teach the students braille, and have a small library for its students.
Over the years The Bahamas Alliance for the Blind and Visually Impaired conducts Braille classes for the adult population but that is not done on a consistence bases because of many different reasons.
As I said, many countries around the world where books and other publications are offered in braille: you go in elevators and you see the marking in Braille, you go in restaurants and the menu are in Braille, some airlines you go on they have their instructional manual in Braille; although we think that a lot of this information needs to be updated. Braille is being used by blind people around the world effectively in their work, at home, in school and in the different areas of their lives.
Interviewer:Do you have any parting words or thoughts that you wish to share?
Brown:I would say to us as blind and visually impaired individuals to recognize that Braille is for our benefit. There are some adults who do not wish to invest their time in learning to read and write braille because they feel it is not necessary or too difficult. I want to urge such person to rethink that because technology can go down at any time then we are left with nothing and braille, if we know how to read and write it, we can always fall back on it. I urge those of us who are blind and visually impaired to learn to read and write braille, and to encourage our children who are blind or visually impaired to learn to read braille because it is important and they will find it very useful in life.
Interviewer: Thank you very much Mr. Brown for sharing and providing insight on the use of braille and its importance. Wishing you all the best and looking forward to us talking again soon.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
In September, 2020, I launched the NPO Project No. 9 which offered advice and research assistance to section 19(3) exempted organisations under the Non-Profit Organisations Act, 2019 (“NPO Act, 2019”) that was having difficulties registering or not knowing how to register under the NPO Act, 2019. The services were offered without charge.
Today I am launching another iteration of the NPO Project No. 9. I am launching the NPO Project No. 9 Review Project (“The Review Project”). The Review Project will assist qualified organisations with reviewing their existing Constitution or Governing Rules and make recommendations of suitable amendments. Interested organisations will be required to complete a short means testing form to determine whether they qualify for the free review.
Interested organisaitons can reach the project initially by sending an email to kean@smithkas.com and should include “Inquiry – The Review Project” in the subject of the email for a prompt response.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
In my post made on 28 October, 2020 entitled “Funding shortfall for your NPO? … then let’s be more strategic” I discussed the importance of building capacity within civil society organisations. Today I wish to share the structure of a project management team and the importance of engaging a project manager.
A project management team is comprised of 1. the project board, 2. the project manager and 3. the team manager.
The team manager reports to the project manager and the project manager reports to the project board. The project board reports to corporate, the programme manager or the customer. This is the hierarchy of a project.
Any project board you put in place will be responsible for the overall direction and management of the project within the constraints set out by corporate, the programme manager or the customer. The role of the project manager will be to plan the sequence of activities, monitor how well the work is progressing and for the day-to-day management of the project within the established constraints. Furthermore, the project manager also monitors and mitigates any and all risk to the project. (Office, T. S. (2017). Managing Successful Projects with PRINCE2 (2017th ed.). The Stationery Office.)
Please make special note that the project manager is not ultimately responsible for the success of the project. The person who chairs the project board, the executive, is ultimately accountable for the project’s success and is the key decision maker. (Office, T. S. (2017). Managing Successful Projects with PRINCE2 (2017th ed.). The Stationery Office.)
I am sure you are aware of directors or programme managers of organisations who develop projects and also act as the project manager. Doing this is not an effective way to run a project. There should be no overlap of the project board and project manager roles. Such overlap will put the project at risk because the executive of the project board, who is ultimately accountable for the project, will lack objectivity since he/she will also be performing day-to-day management of the project.
In order to avoid conflicting roles, you should appoint a project manager that is not a member of the project board. Doing so will also allow adequate focus to be given to deliverables or products and adequate management of risk to the project.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
On 23 December, 2020 The Nassau Guardian Online reported that the World Food Programme (WFP) will be supplying food vouchers to about 450 to 500 households, survivors of hurricane Dorian, all throughout Abaco and its cays. The benefactors of this programme are reported to have been assessed in November, 2019.
The WFP describes itself as “… the leading humanitarian organisation saving lives and changing lives, delivering food assistance in emergencies …” “An estimated 2 billion people in the world did not have regular access to …, nutritious and sufficient food in 2019” – UN Sustainable Development Goal 2 (Facts and Figured) Now households in The Bahamas will be added to these statistics as people who do not have regular access to sufficient food.
World Food Programme (WFP) logo Source: WFP’s Facebook page
The WFP’s participation in providing residents of The Bahamas with access to food indicates that The Bahamas’ social net to cover access to food has been exhausted. This is the social net that successive Governments of The Bahamas developed and funded through taxes over the years. It is now inadequate. Our government, our business community, civil society and philanthropist have done all they can to provide relief. Their combined efforts are simply inadequate and cannot meet the total need. No doubt the assistance that will be provided by the WFP and their funders through their food voucher programme and the support being provided by their international partner, Samaritan’s Purse, is welcomed.
This WFP proramme provides an ideal opportunity for relevant Bahamas based and registered non-profit organisations and civil society organistions to build additional capacity by working with the WFP and its partner by jointly organising short training programmes and workshops to facilitate the development and transfer of skills. It is likely that such an initiative will be welcomed by the WFP because they partner with more than 1,000 National and International NGOs to provide food assistance and tackle underlying causes of hunger. If you are asking how this can be done then continue reading.
When international organisations enter countries to provide humanitarian support, they do so based on agreed terms and conditions. I recommend that Civil Society Bahamas as the apex body of civil society organisations, formally request of The Bahamas Government that capacity building opportunities for relevant organisations be included in the said terms and conditions. Building increased capacity in these organisations will equip relevant humanitarian organisations with skills that can facilitate prompt disaster relief following any future natural disasters like hurricanes.
I believe that this is an ideal opportunity for us to partner with the WFP today so that we can better help ourselves tomorrow.
Once again, all the best and do well.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
