We must oppose this violation of religious freedom

Monday, December 10, 2018

EDITOR, The Tribune

The Non-Profit Organisations Bill, 2018 (the NPO Bill) recently passed in the House of Assembly. While there are many troubling provisions in the NPO Bill, I’m especially concerned about and strongly object to Section 7(1) which reads: “A non-profit organisation shall not carry out operations unless it is registered under this Act.” This means, for example, that BEFORE a group of individuals can band together to worship and propagate their religion, they are required to be registered as a non-profit organisation with the Registrar of Non-Profit Organisations. Failure to do so could result in a hefty fine and/or imprisonment.

The effect of Section 7(1) of the NPO Bill is that the government has set a pre-requisite to be met in order for certain constitutional rights to be enjoyed. One does not have to be a lawyer to see that Section 7(1) of the NPO Bill violates Article 22(1) of the Constitution which confers and protects, among other things, the unhindered enjoyment of freedom of religion, either alone or in community with others, and both in private and in public. If religious organisations in The Bahamas will be required to be registered with the government in order to propagate their religion, the government will be adopting the oppressive practice of communist countries that do the same. It is on this restriction of religious freedom that there should be primary and unrelenting resistance. In my view, the other objections to provisions in the NPO Bill pale in comparison.

Article 22(5) of the Constitution permits the government to pass laws that restrict religious and other freedoms conferred in Article 22(1), but such restrictive laws must be reasonably justifiable in a democratic society. But is it reasonably justifiable in a democratic society to require religious groups to register with the government in order to enjoy the religious freedoms conferred on them in Article 22(1) of the Constitution? I cannot see how. It is unconstitutional. And I believe right-thinking Bahamians share this view.

I support commonsense legislation for and regulation of non-profit organisations (of which religious groups are a part). However, I do not support draconian legislation that forces religious groups to register with and be approved by the government in order to partake of their constitutional right of unhindered enjoyment of their freedom of religion and the propagation of the same.

To those who are indifferent about the NPO Bill because they believe they will not be affected by it, I remind them of the famous words of Martin Niemöller, the Protestant pastor who was an outspoken critic of Adolf Hitler, and who spent seven years in Nazi concentration camps as a result. Niemöller said, “First they came for the socialists, and I did not speak out - because I was not a socialist. Then they came for the trade unionists, and I did not speak out - because I was not a trade unionist. Then they came for the Jews, and I did not speak out - because I was not a Jew. Then they came for me - and there was no one left to speak for me.”

In my view, Bahamians who feel it is perfectly fine for the government to threaten religious freedoms are short sighted. Instead, they should heed Niemöller’s words. And I pray that they do, and that they will join right thinking people all across The Bahamas to collectively oppose this violation of religious and other freedoms. Towards that end, I am praying to the Sovereign Lord.

PASTOR CEDRIC MOSS

Nassau

September 7, 2018

Comments

hrysippus says...

At last the churches will be responsible for their actions. For too long they have operated with no accountability. Since pastors have sought an increasing political voice they should also be subject to the same taxes that other citizens and business entities are.

Posted 10 December 2018, 8:22 p.m. Suggest removal

Pastor_Cedric_Moss says...

I'm all for accountability. I just believe it is unconstitutional for the government to pass a law that requires me to register with it in order to enjoy constitutional freedoms. If you are okay with such a prerequisite, that's fine! To each his own.

Posted 11 December 2018, 1:41 p.m. Suggest removal

pingmydling says...

Mr Cedric Moss you sound like the kid who is explaining to his mum why his hand is in the
cookie jar.
In the words of the immortal bard " The lady doth protest too much,methinks"
In the modern vernacular " If you ain't don nuting you ain't got nuting to hide".
See you up in Foxhill with the rest of your pastorial brothers.
Religious freedom ----- don't make me laugh.

Posted 11 December 2018, 8:53 a.m. Suggest removal

It sounds like you plan to go to Fox Hil prison. If you see others when you go there, by God's grace, you won't see me. My life speaks for itself.

Posted 11 December 2018, 1:38 p.m. Suggest removal

joeblow says...

In its current form this proposed bill is unconstitutional and people should not choose which constitutional rights are more important than others!

Posted 11 December 2018, 9:25 a.m. Suggest removal

It is unconstitutional. We have the right to unhindered freedom of religion [Article 22(1)] and to associate with whom we wish [Article 24(1)]. No government can rise above the constitution and pass a law that dictates a prerequisite (registration with the government) before these constitutional freedoms can be enjoyed. It just does not work that way in a constitutional democracy. I have zero issue with churches and NPOs being required to be registered with the government if they wish to be treated preferentially under the law. By the way, Kingdom Life Church commenced in 1990 and was incorporated under the Companies Act and licensed by the Ministry of Finance as a non-profit association. I have long advocated and still advocate for churches to be registered with the government in order to receive government concessions. But no group of people should be required to be registered with the government in order to enjoy freedoms granted under the constitution. I have no doubt that if this matter goes to the court, Section 7(1) of the NPO Bill/Act will be stuck down as being unconstitutional.

Posted 11 December 2018, 1:33 p.m. Suggest removal

Porcupine says...

My religion says that all organizations should be transparent and pay their fair share of taxes and licenses that all other organizations pay. My religion understands that we are all the same and that my religion is not above anyone else's religion, thus deserving of special treatment.
My god understands that there are many gods that humans believe in. It is only in human arrogance that we start thinking our god is superior to other gods.
My religion also acknowledges that books were written by men, and men lie on a daily basis.
My god also warned me that politicians and clergy men lie with greater frequency and tell grander lies than the average human.
My god continues to harp on daily about us all being equal and of our responsibility to care for the earth and our children in a constant caring manner. She told me that women are equal to men and that we are here to care for the earth, not the other way around.
I have a consistently good god who never punishes. My god told me there is no such thing as the devil. Study after study has shown that good men can do evil things, without the help of a devil. My god sounds like she knows what she is talking about.

Posted 11 December 2018, 9:53 a.m. Suggest removal

Dawes says...

The Government should not force the Churches to abide by this law. However they should say if the churches do not then they can not get any of the duty breaks, cheap land, cheaper BEC or anything else for cheaper or free.

Posted 11 December 2018, 10:12 a.m. Suggest removal

I fully agree, Dawes.

Posted 11 December 2018, 1:22 p.m. Suggest removal

sheeprunner12 says...

This is so obscene to be talking about anyway ........ Jesus must be looking down from heaven and shaking his head at the nonsense masquerading as "Christianity" ......... Jesus didn't intend for so-called pastors to be going hat-in-hand to earthly Governments begging for concessions ........ Even "Rev.Moss" will agree with that.

Posted 11 December 2018, 3:14 p.m. Suggest removal

I agree that we should not beg the government. However, it is customary for non-profit organizations to receive tax concessions from governments.

Posted 11 December 2018, 5:08 p.m. Suggest removal

Imagine there is no religion (John Lennon).
Then there is no problem with all you crooked, so called pastors !!
Foxhill is still waiting to open its doors for you my prodigal friend,
accept your salvation and enter.
P.S. please fill the collection plate --- put in not take out ( I know old habits die hard).

Posted 12 December 2018, 5:28 a.m. Suggest removal

Sickened says...

How religion ever got a foothold in politics and our constitution is beyond me. And how church's always ask for special treatment and want to push their beliefs on others is sickening! Church's need to be overly scrutinized because we all know that many sick individuals hold high positions in them.

Posted 12 December 2018, noon Suggest removal

Religion got foothold when those three ships came sailing over the horizon in 1492,and
out jumped all those fellows with a sword in one hand and a bible in the other. The natives
got to choose which one they wanted!!!
Moss and all the other fanatics and christian cultists learned the lesson well.

Posted 12 December 2018, 6:33 p.m. Suggest removal