Proposed NPO Act should balance financial compliance with civic space, experts say
KINGSTON, Jamaica — Jamaica has an opportunity to develop legislation that protects the country from financial crime while safeguarding the vital work of civil society organisations, according to regional and international experts participating in an online forum on the proposed Non-Profit Organisations (NPO) Act.
Addressing the open forum, Sangeeta Goswami, director of policy and advocacy at the Human Security Collective in The Hague, Netherlands, urged policymakers to ensure that the proposed legislation adopts a focused, proportionate and risk-based approach consistent with the latest standards of the Financial Action Task Force (FATF), rather than imposing the same requirements across the entire non-profit sector, regardless of diversities of size, institutional capacity, capitalisation and source of financing.
The forum, hosted by the Council of Voluntary Social Services (CVSS) in partnership with the International Center for Not-for-Profit Law (ICNL), brought together more than 154 civil society representatives, legal experts and regional and international partners to examine how Jamaica can meet international anti-money laundering and counter-terrorism financing standards while maintaining an enabling environment for legitimate civil society activity.
According to a release from the CVSS, Goswami explained that international scrutiny of non-profit organisations intensified following the September 11, 2001 terrorist attacks, amid concerns that charitable organisations could be exploited for terrorist financing.
She noted that while preventing terrorist financing is a legitimate and important objective, implementation of these standards in some countries has produced unintended consequences, including burdensome registration and reporting requirements, restrictions on foreign funding and reduced access to banking services.
“Strong governance, transparency and accountability are goals that responsible civil society organisations already embrace,” Goswami said. “The challenge is ensuring that measures designed to address financial crime do not unintentionally weaken the very organisations that deliver essential services, advocate for vulnerable communities and strengthen democracy.”
She pointed to the importance of FATF compliance for countries like Jamaica, given the potential economic and reputational consequences associated with increased international monitoring. However, she stressed that FATF compliance and an enabling environment for legitimate non-profit activity need not be competing objectives.
The forum also heard from Belize NGO Senator Janelle Chanona, who shared the Belize experience of institutionalised civil society participation in national decision-making.
Belize provides a distinctive Caribbean example through its formal mechanism for the NGO community to select a representative to serve in the Senate, giving civil society an established channel through which to participate in legislative and national policy discussions.
Chanona’s contribution highlighted the value of bringing civil society into policy and legislative processes early, particularly when reforms directly affect the organisations concerned. Her experience also underscored the importance of maintaining structured channels for dialogue between government and civil society rather than limiting engagement to individual consultations.
The Belize experience provided participants with a practical, regional example of how structured representation, early engagement and continuing dialogue can strengthen both the legitimacy and practical effectiveness of public policy.
Among the lessons emerging from the regional discussion were the importance of recognising the diversity of the non-profit sector; distinguishing organisations according to their activities and demonstrated risks; providing clear regulatory guidance; and involving civil society in developing practical approaches to governance, transparency and risk mitigation.
Executive Director of CVSS, Nancy Pinchas, said the discussion was happening at an important time as Jamaica considers a new legislative framework for the Not-for-Profit sector.
“The proposed NPO Act presents an important opportunity for all of us to commit to strengthening accountability and transparency so that we protect the civic space that allows civil society organisations to serve communities, advocate for rights and contribute to national development,” Pinchas said.
“An enabling environment isn’t something government can legislate on its own, and it isn’t something civil society can build on its own either, it has to be a partnership,” Pinchas added. “Government has a legitimate interest in protecting Jamaica’s financial system, as well as to ensure that civil society is able to continue to serve vulnerable communities. Those goals aren’t in conflict. They reinforce each other when we build this enabling framework together, at the same table, from the start.”
The forum forms part of CVSS’s continuing engagement to ensure that Jamaica’s legislative framework reflects international financial integrity standards while supporting good governance, transparency, civic participation and freedom of association.
Other presenters included Richard Jones, executive director of the Caribbean Policy Development Centre and Tania Chambers, CVSS’ legal consultant.