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The International Journal
of Not-for-Profit Law

Volume 4, Issue 1, September 2001

A publication of the International Center for Not-for-Profit Law

Table of Contents

Letter from the Editor

Corporate Philanthropy and Social Responsibility in Latin America

La Filantropia Empresarial: Un Deber Moral, Social y Legal
por Antonio L. Itriago Machado y Miguel Angel Itriago Machado

Conference Report on the "Simposio de Responsabilidad Social Empresarial en Las Américas"

Corporate Social Responsibility Conference

Conference on Corporate Social Responsibility

New Web Site to Encourage Social Responsibility


Trends in Self-Regulation and Transparency of Non-Profit Organization in the U.S.
By Robert O. Bothwell

ICNL'S Educational Initiative for Central and Eastern Europe: One Year Later
By Radost Toftisova

An Overview of Issues in Charity Litigation in Malaysia 2001
By Mary George

Charity, Politics and the Human Rights Act 1998: Chasing a Red Herring?
By Graham Moffat

Case Notes

Asia Pacific:

Central and Eastern Europe:

Latin America:
The Bahamas

Middle East and North Africa:

North America:
The United States

Western Europe:
The Netherlands
| Switzerland | Turkey

Country Reports

Asia Pacific:
| Australia | Cambodia | East Timor | Indonesia | Malaysia | New Zealand

Central and Eastern Europe:
Regional | Albania | Croatia | Hungary | Romania

Latin America and the Caribbean:
Regional | Argentina | Bermuda | Chile | Guatemala | Saint Lucia

Middle East and North Africa:
Egypt | Iran | Israel

Newly Independent States:
Armenia | Kazakhstan | Kyrgyzstan | Moldova | Russia | Tajikistan | Ukraine

North America:

South Asia:

Sub-Saharan Africa:
| South Africa | Tanzania | Uganda

Western Europe:
Austria | Ireland | Scotland | Turkey | the United Kingdom

The London School of Economics Conference | The United Nations Global Compact

Self-Regulation Reports

The Humanitarian Accountability Project

New Publication on Transparency and Accountability

Tazania's First National NGO Forum Disucsses a Draft Code of Conduct

The United Kingdom:
Reports on Developments with Respect to Self-Regulation in the UK


Charity Law Matters
By Ronan Cormacain, Kerry O'Halloran, Arthur Williamson
Reviewed by Karla Simon


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Editorial Board

Case Notes: Latin America

The Bahamas

The Bahamas District of the Methodist Church in the Caribbean and the Americas v The Hon. Vernon J. Symonette MP and others.  These proceedings derived from a schism in the Methodist Church in the Bahamas (“the Bahamas Church”).  Prior to 1968 the Bahamas Church was constituted as a district of the parent Methodist Church established by an English Deed of Union in 1932.  In 1968 the Bahamas district acceded to an Antiguan ordinance establishing the Methodist Church in the Caribbean and the Americas (“the Caribbean Church”) as an autonomous body, and became a district of the Caribbean Church.  In 1982 the Bahamas Methodist Trust Corporation Act established a Bahamas corporation to hold the property of the Bahamas district, which was formerly vested in a UK company.  Subsequently, an irreconcilable dispute arose within the Bahamas Church as to whether it should continue as a district of the Caribbean Church or be established as an independent body.  In 1993, some of those favoring the establishment of an independent body promoted legislation to achieve their objective.  The Methodist Church of the Bahamas Act 1993 established the Bahamas district as an autonomous body (“the new church”), whose members would be such persons as were specified in a Deed of Union to be prepared following a conference to be held by those congregations of the Bahamas district that agreed to participate (“the participating churches”).  By sections 15 and 16, the 1993 Act also repealed the 1982 Act, and provided that all property held by or in trust for the Bahamas Methodist Trust Corporation was thereby transferred to the new church; such property included that of the non-participating churches, which was to be held for the use and benefit of the non-participating churches but only to the extent that it was used by those churches (i.e. other assets of the non-participating churches, which appear to have included land held for investment purposes and two denominational schools, were transferred to the new church exclusively for the use and benefit of the participating churches).  In July 1993 the conference was held, and a Deed of Church Union was signed on behalf of 31 participating churches; 6 churches did not participate in the conference.  Members of the non-participating churches challenged the constitutional validity of the 1993 Act on the grounds that:

The suit was rejected initially by the Chief Justice, and subsequently by the Court of Appeal, of the Bahamas. On appeal, the Privy Council held that:

However, as the evidence before the Privy Council was insufficiently factual (the parties being unable to agree on several basic facts regarding the dispute), the issue of whether the 1993 Act breached Article 27 was remitted to the Supreme Court of the Bahamas for further hearing.

(The Bahamas District of the Methodist Church in the Caribbean and the Americas v The Hon. Vernon J. Symonette MP and others, Privy Council, [2000] UKPC 31, 26 July 2000). PB


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