No matter where you live on this planet, if you have an account at a financial institution then you are aware of Customer Due Diligence information. No doubt your financial institution would have required you to produce at least proof of identification and proof of address when you opened your personal account.
As a result of ongoing concerns about Money Laundering and Terrorist Financing, international and national financial services industry and their clients must implement systems to mitigate these concerns.
Small Businesses and Non-Profit Organisations (“Non-Profits”) are not exempted. In fact, you are probably aware that businesses must be prepared to provide source of funds information for large deposits. Such information may entail showing invoices, contracts or any additional supporting documents required by the financial institution.
It is in the best interest of Non-Profits to maintain sufficient details of their financial transactions including monetary and non-monetary donations. As someone responsible for the administration of a Non-Profit registered in The Bahamas, you should be aware that your organisation face being fined if it fails to produce financial records if and when required to do.
Section 15 (1) of the Non-Profit Organisations (Amendment) Act, 2019 states that:
“(1) The Registrar may impose an administrative fine not exceeding five thousand dollars, if after an investigation it is proven that a non-profit organisation has failed, without reasonable cause to produce financial records reflecting all monies received and expended.”
Please note that financial records have a specific definition under the NPO Act as Amended requiring Non-Profits to explain transactions in sufficient detail to show that funds have been used in a way that is consistent with the organisation’s objectives. Additionally, Non-Profits must maintain sources of its income and the same must be reflected in its financial position.
In order to mitigate the risk of fines, Non-Profits should maintain their financial records in a way that is easily accessible and detailed. Furthermore, whatever you do, develop a practice of being responsive to the regulator, the Registrar. This will help develop and maintain the credibility of your Non-Profit with the Registrar General’s Office.
Feel free to direct any questions to Kean Smith at kean@smithkas.com or comment below.
You probably remember in March, 2020 that the World Health Organization declared COVID-19 a pandemic.
We all experienced various degrees of restrictions in our daily lives from social distance to curfews. These restrictions also effected our travel within our countries and between countries. The transportation sector and travel industry bears many “scars” of this reality.
Since about mid December, 2020 I have not travelled more than 3 miles away from home. All shopping and exercise took place and continues to take place online or within a 3 mile radius. Wow, such a “small” world!
So I wonder whether you have been experiencing similar travel limitation?
Earlier this month as spring approached, we decided to travel to another city for an essential service.
“A journey of a thousand miles begins with one step” – Lao Tzu
The first task was to take the Tram to the Central Station. It was a sunny day and I later realised that sunny weather in this city means something else in the city of our destination.
Tram stop – Photo by Kean SmithInside the Tram – Photo by Kean Smith
After a relatively short tram ride, we arrived at the Den Haag Centraal. From this Station we planned to take a train. Like other jurisdictions, we needed to wear a mask to enter the train station and to take a train.
Den Haag Centraal (The Hague Central Station) – Photo by Kean Smith
After finishing our business in Amsterdam, we stopped to a very historic shop that is popular with Amsterdam residents and visitors alike.
Vleminckx – Photo by Kean SmithVleminckx – Photo by Kean SmithFrietjes (French Fries) with sauces – Spicy Ketchup (left) and Piccalilly with Spicy Ketchup (right) Photo by Kean SmithTwo Immovable Heads 2021 by Mark Manders near the junction of Rokin and Dam Photo by Kean Smith
With Frietjes in hand, we headed north along Rokin.
Details affixed to the pavement about the art work and artist Photo by Kean SmithSquare in front of Koninklijk Paleis Amsterdam (Royal Palace Amsterdam) – Photo by Kean Smith
While this square is normally filled by people, and performers it was virtually empty. As I look at this photo now, I wonder whether the pigeons miss the humans? Not.
Parked Canal Cruise Boats – Amsterdam – Photo by Kean Smith
Canal Cruise Boats owners and staff are definitely negatively impacted by travel restrictions. This area is normally very busy with visitors boarding boats. As I walked pass these boats, I was reminded that whether you are in Amsterdam, Tokyo, Nairobi, Brasilia, Nassau or New York, the tourism industry has suffered because of restrictions implemented to mitigate against worsening public health conditions.
Amsterdam Centraal (Amsterdam Central Station) Photo by Kean Smith
After competing our business and enjoying a treat at Vleminckx, we headed for Amsterdam Centraal to take a train back home.
When we left home, the temperature was a reasonable 9C (48F) and I dressed for the occasion but I did not anticipate that the temperature would dip to 7C (44F), less wind chill!
Lesson learnt.
Like you, we are optimistic that the roll out of COVID-19 vaccines will continue as smoothly as possible for all of us.
The theme of World Health Day 2021 is “[b]uilding a fairer and healthier world”. This theme encompasses Goals 3 and 10 of the United Nations Sustainable Development Goals (UN SDGs). The United Nations Sustainable Development Goal 3 is to ensure healthy lives and promote well-being for all at all ages[i] and Goal 10 is to reduce inequality within and among countries (see infographics for these goals below).[ii] The UN SDGs that were adopted in September, 2015 by Heads of State and Government and High Representatives comprise of 17 Sustainable Goals and 169 targets which were designed to be comprehensive, far-reaching and people centred.[iii] In the remainder of this article, I will share some insights into the challenges people living in rural communities face with accessing health services and education.
Impact of very low income
All over the world, some people struggle to make ends meet with little daily income, have poorer housing conditions and education, fewer employment opportunities, experience greater gender inequality, and have little or no access to safe environments, clean water and air, food security and health services. This leads to unnecessary suffering, avoidable illness, and in some cases premature death. Ultimately these consequences of little daily income harm both our societies and economies.[iv]. For example, in 2019, “… 34% of rural schools had a basic hygiene service and 41% had no hygiene service.”[v]. The lack of such hygiene service results in increased risk of contracting and spreading viruses and bacteria that cause COVID-19, Ebola and Diarrhea.
Poverty in rural areas
While global progress in poverty reduction has been remarkable, poverty is still far from eradicated. The proportion of the global population living in extreme poverty (living below $1.90 a day in terms of the 2011 purchasing power parity) fell from 36 per cent in 1990 to 10 per cent in 2015, yet 736.7 million people still lived in extreme poverty in 2015.[vi]
Based on the international poverty line of $1.90 a day, the share of rural inhabitants in developing countries that live in extreme poverty is three times higher than the share of those living in urban areas. When considering moderate poverty, over 46 per cent of the global rural population is poor, compared with approximately 16 per cent of the global urban population.
In least developed countries, a significant majority of the poor live in rural areas. Based on national poverty lines, more than 80 per cent of the poor live in rural areas in Afghanistan, Lesotho, Madagascar, Myanmar, the Niger, Nepal and Zambia.[vii]
Challenges accessing health services
Poor people living in rural areas face greater challenges than their urban counterparts in obtaining access to health services, in particular in developing countries. Rural areas have fewer and less adequate primary care services, weaker referral systems, insufficient numbers of experienced and qualified health professionals, including doctors and nurses, poorer working conditions for public health workers, inadequate social security, deficient laboratory networks and underdeveloped intersectoral action in support of health, which together undermine the health of the rural poor.[viii]
The Ebola virus disease outbreak in western Africa highlighted how an epidemic can proliferate rapidly and pose huge problems in the absence of a strong health system capable of a rapid an integrated response. The outbreak began in Guinea in December 2013 but soon spread into neighbouring Libera and Sierra Leone. By early August 2014, Ebola was declared an international public emergency.
At the time the outbreak began, the capacity of the health systems in Guinea, Liberia and Sierra Leone was limited. Several health-system functions that are generally considered essential were not performing well and this hampered the development of a suitable and timely response to the outbreak. There were inadequate numbers of qualified health workers. Infrastructure, logistics, health information, surveillance, governance and drug supply systems were weak. The organization and management of health services was sub-optimal.
Government health expenditure was low whereas private expenditure – mostly in the form of direct out-of-pocket payments for health services – was relatively high.[ix] In 2017, only around one third to half of the global population was covered by essential health services. The proportion of the population spending more than 10 per cent of its household budget on out-of-pocket payment for health services increased continuously, from 9.4 to 12.7 per cent (927 million persons), between 2000 and 2015. This resulted in nearly 90 million persons being pushed into extreme poverty owing to out-of-pocket medical expenses.[x]
Challenges accessing education
In the past 50 years schooling has expanded dramatically. Years of schooling completed by the average adult in developing countries more than tripled between 1950 and 2021 – from 2 to 7.2 years. Previously marginalised groups, especially girls, are now much more likely to start primary school; however, the likelihood of completing school remain low in some countries. Exclusion due to poverty, gender, ethnicity, disability and location persists. In sub-Saharan Africa, poor rural girls are seven times less likely than non-poor urban boys to complete school, and less than 1 in 20 of these girls is on track to complete secondary school. Other barriers include a lack of accessible facilities and inclusive education for students with disabilities.[xi]
Low educational attainment levels, coupled with scant opportunities to acquire job-specific skills and on-the-job training, continue to constrain job opportunities for many rural people seeking productive work.[xiii] Additionally, rural transport and roads have an important role in facilitating access to essential services, including education and health, as well as to markets and income-generating opportunities.[xiv]
In 2019, less than one half of primary and lower secondary schools in sub-Saharan Africa had access to electricity, the Internet, computers and basic handwashing facilities, key basic services and facilities necessary to ensure a safe and effective learning environment for all students.
Since last year, the closure of schools to slow the spread of COVID-19 is having an adverse impact on learning outcomes and the social and behaviourial development of children and young people. It has affected more than 90 per cent of the world’s student population, 1.5 billion children and young people. Although remote learning is provided to many students, children and young people in vulnerable and disadvantaged communities, such as those living in remote areas, in extreme poverty, fragile states and refugee camps, do not have the same access thereto. The digital divide is expected to widen existing gaps in equality with regard to education.[xv]
Conclusion
About 8 in 10 people worldwide who lack access to basic drinking water services live in rural areas, as do 7 out of 10 people lacking basic sanitation services. [xvi]
Access to adequate health services and education are necessary for the development and improvement of live in rural communities. Low income and proximity from urban areas are two factors that may lead to inadequate and poor delivery of services.
More broadly, it is the inequality of the provision of services that negatively impacts residents of rural areas. Not only do many residents earn little money and are unable to afford health services and education, these services may be limited and far distances from their homes. If we build a fairer world, then people who live in rural areas will benefit from improved services like health and education.
[i] United Nations Department of Economic and Social Affairs. (n.d.). United Nations Department of Economic and Social Affairs. Https://Sdgs.Un.Org/Goals/Goal3. Retrieved March 28, 2021, from https://sdgs.un.org/goals/goal3
[ii] United Nations Department of Economic and Social Affairs. (n.d.). United Nations Department of Economic and Social Affairs. Https://Sdgs.Un.Org/Goals/Goal10. Retrieved March 28, 2021, from https://sdgs.un.org/goals/goal10
[iii] United Nations Department of Economic and Social Affairs. (n.d.-a). Transforming our world: the 2030 Agenda for Sustainable Development. United Nations Department of Economic and Social Affairs Sustainable Development. Retrieved March 28, 2021, from https://sdgs.un.org/2030agenda
[iv] World Health Organization. (n.d.). World Health Day 2021. Retrieved March 26, 2021, from https://www.who.int/campaigns/world-health-day/2021
[v] World Health Organization & United Nations Children’s Fund. (2020). Progress on Drinking Water, Sanitation and Hygiene in Schools: Special Focus on COVID-19. United Nations Children’s Fund (UNICEF) and World Health Organization (WHO). https://washdata.org/sites/default/files/2020-08/jmp-2020-wash-schools.pdf
[vi] United Nations General Assembly. (2020, July). Eradicating rural poverty to implement the 2030 Agenda for Sustainable Development. https://undocs.org/A/75/189
[vii] United Nations General Assembly. (2020, July). Eradicating rural poverty to implement the 2030 Agenda for Sustainable Development. https://undocs.org/A/75/189
[viii] United Nations General Assembly. (2020, July). Eradicating rural poverty to implement the 2030 Agenda for Sustainable Development. https://undocs.org/A/75/189
[ix] Kieny, M., Evans, D. B., Schmets, G., & Kadandale, S. (2014). Health-system resilience: reflections on the Ebola crisis in western Africa. Organisation Mondiale de La Sante. https://www.who.int/bulletin/volumes/92/12/14-149278.pdf
[x] United Nations Economic and Social Council. (2020, April). Progress towards the Sustainable Development Goals. https://undocs.org/en/E/2020/57
[xi] United Nations General Assembly. (2020, July). Eradicating rural poverty to implement the 2030 Agenda for Sustainable Development. https://undocs.org/A/75/189
[xii] United Nations: Department of Economic and Social Affairs. (n.d.). Department of Economic and Social Affairs: Sustainable Development. Retrieved March 30, 2021, from https://sdgs.un.org/goals/goal3
[xiii] United Nations General Assembly. (2020, July). Eradicating rural poverty to implement the 2030 Agenda for Sustainable Development. https://undocs.org/A/75/189
[xiv] United Nations General Assembly. (2020, July). Eradicating rural poverty to implement the 2030 Agenda for Sustainable Development. https://undocs.org/A/75/189
[xv] United Nations Economic and Social Council. (2020, April). Progress towards the Sustainable Development Goals. https://undocs.org/en/E/2020/57
[xvi] United Nations General Assembly. (2020, July). Eradicating rural poverty to implement the 2030 Agenda for Sustainable Development. https://undocs.org/A/75/189
[xvii] United Nations: Department of Economic and Social Affairs. (n.d.). Department of Economic and Social Affairs: Sustainable Development. Retrieved March 30, 2021, from https://sdgs.un.org/goals/goal10
“To truly leave no one behind in pursuit of the 2030 Agenda on Sustainable Development, we must realize the rights of all persons with disabilities, including persons with autism, ensuring their full participation in social, cultural and economic life.” – António Guterres
“The United Nations General Assembly unanimously declared 2 April as World Autism Awareness Day (A/RES/62/139) to highlight the need to help improve the quality of life of those with autism so they can lead full and meaningful lives as an integral part of society.
Autism is a lifelong neurological condition that manifests during early childhood, irrespective of gender, race or socio-economic status. The term Autism Spectrum refers to a range of characteristics. Appropriate support, accommodation and acceptance of this neurological variation allow those on the Spectrum to enjoy equal opportunity, and full and effective participation in society.
Autism is mainly characterized by its unique social interactions, non-standard ways of learning, keen interests in specific subjects, inclination to routines, challenges in typical communications and particular ways of processing sensory information.” – (https://www.un.org/en/observances/autism-day/background)
2021 Theme: “Ending Slavery’s Legacy of Racism: A Global Imperative for Justice”
The theme reflects the global movement to end injustices whose roots lie in the slave trade. The theme highlights the importance of educating about the history of the transatlantic slave trade and slavery, to bring about an acknowledgment of slavery’s impact on the modern world, and action to address its long-lasting effects. The theme guides the Programme’s development of educational outreach and remembrance to mobilize action against prejudice, racism and injustice. (https://www.un.org/en/events/slaveryremembranceday/2021/events.shtml)
For over 400 years, more than 15 million men, women and children were the victims of the tragic transatlantic slave trade, one of the darkest chapters in human history.
Every year on 25 March, the International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade offers the opportunity to honour and remember those who suffered and died at the hands of the brutal slavery system. The International Day also aims to raise awareness about the dangers of racism and prejudice today. (https://www.un.org/en/events/slaveryremembranceday/index.shtml)
“World Water Day, held on 22 March every year since 1993, focuses on the importance of freshwater.
World Water Day celebrates water and raises awareness of the 2.2 billion people living without access to safe water. It is about taking action to tackle the global water crisis. A core focus of World Water Day is to support the achievement of Sustainable Development Goal 6: water and sanitation for all by 2030.
Today, water is under extreme threat from a growing population, increasing demands of agriculture and industry, and the worsening impacts of climate change.
“This year’s theme World Water Day is about what water means to people, it’s true value and how we can better protect this vital resource. The value of water is about much more than its price – water has enormous and complex value for our households, culture, health, education, economics and the integrity of our natural environment. If we overlook any of these values, we risk mismanaging this finite, irreplaceable resource.” (https://www.un.org/en/observances/water-day)
“As we observe World Water Day, we should remember the 4.2 billion living without access to adequate sanitation. We can reduce this number by supporting projects that aim to provide access to adequate sanitation. We can do this and succeed with our collective efforts. Happy World Water Day.” – Kean Smith
“Last year, people around the globe took to the streets to protest the vicious global pandemic of racism.
They recognized racism for what it is.
Dangerous. Abhorrent. Ugly. And everywhere.
Racism is a deeply rooted global evil.
It transcends generations and contaminates societies.
It perpetuates inequality, oppression and marginalization.
We see racism in the pervasive discrimination suffered by people of African descent.
We see it in the injustices and oppression endured by indigenous peoples and other ethnic minorities.
We see it in the repugnant views of white supremacists and other extremist groups.
Wherever we see racism, we must condemn it without reservation, without hesitation, without qualification.
This year, the International Day for the Elimination of Racial Discrimination highlights the important role of youth, who have been in the forefront of the fight against racism.
Young people’s attitudes and behaviour will dictate the future shape and look of our societies.
So, I appeal to young people everywhere, as well as educators and leaders, to teach the world that all people are born equal.
Supremacy is an evil lie.
Racism kills.
On this day, and every day, let us work together to rid the world of the pernicious evil of racism so all may live in a world of peace, dignity and opportunity.”
Click on thislink to find out more about the background to this International Day.
This short blog is for the benefit of any of you who may encounter conflict or disagreements in your personal or business lives which cannot be settled by negotiation. If you cannot sever ties with the other party and the relationship must continue in some way then this is for you.
If you have a conflict with another party but the relationship must continue then it is my view and opinion that you should not litigate your issue as a means of trying to reach a solution. Doing so will cost you money, time and also worsen the relationship. An example of this is the ancillary matters of a divorce where children, specially minors, are involved.
One of the disadvantages of litigating in national courts is the expense of instructing Counsel and the risk of losing and/or not being able to recoup legal costs.
I recommend Mediation as a cost-effective alternative to Litigation. Mediation is a form of alternative dispute resolution where a third party [a mediator] is appointed by agreement of the parties involved in the dispute to help them come to a mutually acceptable agreement. (Chartered Institute of Arbitration)
This process is less expensive than litigation because only the parties with settlement authority are directly involved and the parties must agree to the mediator and the process. There is nothing in this process that is forced. Mediation is an ideal process for parties who are looking for a solution and are willing to compromise on some terms to reach a settlement. It also gives the parties an opportunity to personally present their side of the story if they wish.
Mediation is a viable option to parties who must retain an ongoing relationship, has some room to compromise and want to avoid protracted and costly proceedings.
It is also aligned with the priority theme of the 65th session of the Commission on the Status of Women, “Women in public life, equal participation in decision making“,and the flagship Generation Equality campaign, which calls for women’s right to decision-making in all areas of life, equal pay, equal sharing of unpaid care and domestic work, an end all forms of violence against women and girls, and health-care services that respond to their needs.” – Accessed 8 March, 2021 – https://www.un.org/en/observances/womens-day
“When women lead in government, we see bigger investments in social protection and greater inroads against poverty.
When women are in parliament, countries adopt more stringent climate change policies.
When women are at the peace table, agreements are more enduring.
And with women now serving in equal numbers at the top leadership posts at the United Nations, we are seeing even more concerted action to secure peace, sustainable development and human rights.” – Accessed 8 March, 2021: https://www.un.org/en/observances/womens-day/message
Sometimes we may think of refugees as being people from a country far far away who have voluntarily left their home country because they are looking for a better way of life. Many of us, including me, would at some point even mistakenly use the terms “refugees” and “migrants” interchangeably. These terms are totally different with distinct legal and/or practical meaning.
The term “refugee” is defined in the mentioned documents and applies to any person who:
“… owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”.
According to the International Organization for Migration (IOM), there is no universally accepted definition for “migrant” at the international level. However, for its own purposes, the IOM defines the term “migrant” as follows:
“An umbrella term, not defined under international law, reflecting the common lay understanding of a person who moves away from his or her place of usual residence, whether within a country or across an international border, temporarily or permanently, and for a variety of reasons. The term includes a number of well-defined legal categories of people, such as migrant workers; persons whose particular types of movements are legally-defined, such as smuggled migrants; as well as those whose status or means of movement are not specifically defined under international law, such as international students.”
I believe that using the appropriate terms will allow us to better understand the magnitude and issues surrounding refugees and migrants.
For example, according to the UNHCR (United Nations High Commissioner for Refugees), there are more than 80 million forcibly displaced people worldwide of which 45.7 million are internally displaced people; 26.3 million are refugees and 4.2 million are asylum seekers.
Furthermore, the current global estimate is that in 2019 there were around 272 million international migrants, which equates to 3.5% of the global population.
Please feel free to direct any questions or comments to Kean Smith at kean@smithkas.com
