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Note: This document is from the archive of the Africa Policy E-Journal, published by the Africa Policy Information Center (APIC) from 1995 to 2001 and by Africa Action from 2001 to 2003. APIC was merged into Africa Action in 2001. Please note that many outdated links in this archived document may not work.


Africa: Debt Cancellation Update Africa: Debt Cancellation Update
Date distributed (ymd): 020908
Document reposted by Africa Action

Africa Policy Electronic Distribution List: an information service provided by AFRICA ACTION (incorporating the Africa Policy Information Center, The Africa Fund, and the American Committee on Africa). Find more information for action for Africa at http://www.africaaction.org

+++++++++++++++++++++Document Profile+++++++++++++++++++++

Region: Continent-Wide
Issue Areas: +economy/development+

SUMMARY CONTENTS:

This posting, one of several on debt cancellation we will distribute this month, contains brief excerpts from a paper by Jeffrey Sachs proposing a new framework for resolving the debt crisis of African and other low-income countries (the full text is available at http://www.africaaction.org/action/sachsbp.pdf). Since the paper was published earlier this year, Sachs has also called for African countries to stop paying their debts and to allocate the funds to AIDS and other urgent needs. "It's untenable to be paying debt that could be used to fight the pandemic," Sachs said in Johannesburg last month. "It's much more than a vicious cycle of poverty. There's a silent holocaust under way." African governments, however, fear retaliation by creditors if they should take such steps.

As with earlier proposals for new debt cancellation frameworks, such as that by UN Secretary-General Kofi Annan in 2000 ( http://www.africafocus.org/docs00/sg0011.php>), and by the African Forum and Network on Debt and Development ( http://www.africafocus.org/docs02/debt0203.php>) earlier this year, the primary obstacle to the plan in Sachs' paper is the lack of political will by creditor nations and institutions.

Reuters reported on September 5 that a new IMF/World Bank report again acknowledges the failure of the Heavily Indebted Poor Countries (HIPC) initiative to have more than a marginal impact on the debt crises of a few countries (see also the summary critique of HIPC by Africa Action at
http://www.africaaction.org/action/hipc0206.htm, and a summary by Jubilee Research of earlier World Bank reports at http://www.africafocus.org/docs02/debt0205.php>). Nevertheless, no new initiatives on debt are projected for the meetings of the international financial institutions at the end of September.

+++++++++++++++++end profile++++++++++++++++++++++++++++++

Resolving the Debt Crisis of Low-Income Countries

Jeffrey D. Sachs

Harvard University

Brookings Papers on Economic Activity, 1: 2002
http://muse.jhu.edu/journals/brookings_papers_on_economic_activity/toc/eca2002.1.html
[available at this link to Journal subscribers only]

The idea of bankruptcy for insolvent sovereign borrowers has been around a long time, at least since Adam Smith's favorable mention of it in the Wealth of Nations. ... The current international framework for workouts of distressed sovereign borrowers is woefully inadequate, lacking both the efficiency and the equity protections that characterize well-designed bankruptcy systems. ...

Motivations for Bankruptcy Laws

Bankruptcy laws have two somewhat distinct motivations. The first is to overcome the collective action problems that arise when multiple creditors confront an insolvent debtor. In the absence of a bankruptcy law, a creditor "grab race" can undermine the value of the assets of an insolvent debtor. The bankruptcy law forestalls the grab race through devices such as the automatic stay on debt collection that is triggered by the filing of a bankruptcy petition. ...

The second motivation of bankruptcy law is to offer a "fresh start" to an insolvent debtor. Whereas the motivation to avoid a grab race applies in principle to all kinds of insolvent debtors - businesses, individuals, and municipalities - the motivation for a fresh start applies only to individuals (Chapters 7, 12, and 13) and municipalities (Chapter 9) rather than to businesses. The key instrumentality of the fresh start is the discharge of debt, which frees the debtor from future collection efforts while leaving the debtor with some exempt assets and with a future income stream. ...

The motivation for forestalling a creditor grab race is efficiency. The motivations for offering a fresh start, however, include both efficiency and equity. The creditors' claims are superseded by the higher interest of protecting the autonomy of the individual vis-�-vis the creditors, and analogously, of ensuring that a debt-strapped municipality maintains the sovereignty needed to provide public services to its residents. For example, under Chapter 9, a municipality's assets cannot be liquidated to pay creditors, because that would undermine sovereignty. ... Most important, neither under individual bankruptcy (Chapter 7 or Chapter 13) nor under municipal bankruptcy (Chapter 9) do creditors obtain the maximum discounted value of income and property potentially collectable from the debtor. Individuals and municipalities are allowed to keep important property out of the creditors' reach, such as a homestead up to a certain value, as well as keep most or all future income. ...

International Sovereign Borrowers

For hundreds of years, sovereign borrowers have experienced repayment crises, including defaults and restructuring of debts. ... In the age of imperialism in the nineteenth and early twentieth centuries, creditors often resorted to force or the threat of force to collect debts, including the removal of insolvent sovereigns from power. Since the Great Depression, however, sovereign debt crises have generally been worked out in negotiations between creditors and debtors, often with the heavy political engagement of major creditor powers or international institutions such as the International Monetary Fund (IMF), where creditors predominate. These negotiations have been characterized by a high degree of ad hockery and a low degree of systematization of international rules.

This ad hockery has come at a very high cost. Insolvent countries have often been locked into decades of instability and impoverishment. There is certainly no guarantee of a fresh start. The creditor grab race has often undermined economic stability in debtor countries, to the detriment of both creditors and debtors. Debtor nations complain bitterly about the loss of sovereignty to creditor-led institutions, especially the IMF and the World Bank. And ad hoc bailouts of private creditors by official lenders - for example, through IMF loans to debtor governments to maintain debt servicing to private lenders in the creditor countries - have been widely seen as creating moral hazard, encouraging future indiscriminate lending by creditors to weak borrowers on the basis of expected future bailouts.

The absence of a fresh start for sovereign debtors can have a particularly pernicious effect on economic and social development. In a country whose government is insolvent, but that has not been released from extremely onerous debt servicing, the provision of public goods is likely to be severely curtailed. Macroeconomic stability and even public order (in the case that services such as health, police, and fire services are limited) can easily be lost. Prolonged political uncertainty and instability may result, as the sovereign power has limited means to defend itself against internal insurgencies and external military threats. ...

Dozens of low-income countries have been stuck for two decades or more in a persistent debt trap from which they are not recovering. For these countries, bankruptcy procedures will have to be considered in the much larger context of the overall foreign assistance strategy of the creditor-donor community. ...

The rich creditor governments that "own and operate" the principal international financial institutions - such as the IMF, the World Bank, and the Paris Club - have failed to acknowledge the pervasive risks of poverty traps for very low income countries. During the late 1970s and early 1980s, several dozen developing countries, including a large number of very poor countries, fell into serious sovereign debt crises. And although debt service burdens were rising, inflation-adjusted foreign assistance per capita in the recipient countries was declining. The squeeze of rising debt burdens and falling aid levels threw a large number of poor countries into persistent stagnation or economic decline. For roughly twenty years the standard interpretation of this phenomenon was that the countries needed yet more "structural adjustment" rather than debt relief or increased foreign assistance.

As debt burdens became more and more untenable, and as sustained growth in dozens of low-income countries proved elusive, the official creditors wrote off increasingly large portions of the debts owed them. But throughout the process, creditors failed to put sufficient political will or serious analysis into the debt reduction operations. Debt reduction targets were set and reset arbitrarily - writing off 30 percent, then 50 percent, and so onrather than based on serious assessments of the needs of each country. ...

For all Paris Club reschedulers during 1975-96, the countries are classified according to the outcome of the debt restructuring operations. Since a debt crisis signifies a kind of macroeconomic pathology, a three-way medical analogy is used: countries are either cured, in remission, or in chronic crisis. The criteria for this classification are as follows:

  • A country is considered cured of its debt crisis if it is current on its debt servicing, did not restructure its debt in the Paris Club during 1997-2001, is not a candidate for relief under the Heavily Indebted Poor Countries (HIPC) initiative, and was not under an IMF lending program during 1999-2001
  • A country is considered in remission if it meets the conditions for "cured" except that it is currently under a lending program with the IMF
  • A country is considered to be in a chronic crisis if it required a Paris Club restructuring during 1997-2001, or is a candidate for HIPC relief, or is in default on its Paris Club debts. ...

Of the fifty-nine countries shown in table 1 that required a Paris Club restructuring of their debt during 1975-96, only eight have been cured: Chile, Costa Rica, Equatorial Guinea, Guatemala, Jamaica, Morocco, and Trinidad and Tobago. Twelve more are in remission, and the remaining thirty-nine are in chronic crisis. ... Equatorial Guinea is the only least-developed country (according to the U.N. classification of those forty-nine countries with the lowest human development indicators) to achieve a "cure," and it did it in style: by discovering massive offshore oil reserves, which led to the fastest per capita growth rates in the world during the 1990s. But apart from that anomalous outcome, all of the very poor countries fell into a persisting debt trap. ...

The unrealism of the current debt treatment of the poorest countries is also evidenced by endless and thankless rounds of debt renegotiation and IMF agreements. ...

Reforming the Debt Relief Process for Low-Income Countries

Poor countries that fell into a debt crisis got neither sufficient help to restore economic growth, nor deep enough debt reduction to reestablish normal relationships with creditors. There has been neither an economic recovery nor a fresh start. When one looks closely at the modalities of debt rescheduling, it is not hard to understand why. The guiding principle of official debt relief in the past twenty years has been to do the minimum possible to prevent outright disaster, but never enough to solve the debt crisis. In particular, the official creditors (both in their capacity as bilateral creditors in the Paris Club and as multilateral creditors through the IMF and the World Bank) have used arbitrary formulas rather than a serious analysis of country needs to decide on the level of relief. That remains the case today. Even now the so-called debt sustainability analysis of the enhanced HIPC initiative is built on the flimsiest of foundations. ...

The current definition of debt sustainability in the enhanced HIPC initiative is as arbitrary as the previous standards, if a bit more generous. A ratio of debt to exports of 150 percent or a ratio of debt to government revenue of 250 percent cannot truly be judged to be sustainable or unsustainable except in the context of each country's needs, which themselves must be carefully spelled out. It is perfectly possible, and indeed is currently the case, for a country or region to have a "sustainable" debt (and significant debt servicing) under these formal definitions while millions of its people are dying of hunger or disease.

For twenty-five years the creditor nations and the IMF in effect defined debt sustainability as the amount of debt servicing that could be maintained in practice while still achieving a modicum of macroeconomic stability. ...with creditors determining what was or was not sustainable, the flagrantly excessive demands on the impoverished debtor nations could not be challenged in the corridors of power. Only in the past couple of years has the inadequacy of this approach become widely recognized.

Looking forward, debt reduction for the HIPCs should not be based on arbitrary criteria such as a 150 percent debt-exports ratio, but rather on a systematic assessment of each country's needs for debt reduction and increased foreign assistance, measured against explicit development objectives. The right starting point for assessing needs should be the internationally accepted targets for economic development that are (ostensibly) the guiding framework for the global development partnership between rich and poor countries. The targets are enshrined in the Millennium Development Goals (MDGs), a set of eight major goals and eighteen intermediate targets endorsed by all U. N. members at the Millennium Summit in New York in September 2000 and recently reconfirmed by the U. N. membership in the Monterrey Consensus of the United Nations Conference on Financing for Development in Monterrey, Mexico, in March 2002. The MDGs are quantified goals for poverty alleviation, reduction of hunger, reduction of disease burden, and other targets, mostly for the year 2015.

In practice, what is needed is nothing short of a countryspecific "business plan" for scaling up essential public services (health, education, basic infrastructure) as part of an overall strategy for meeting the MDGs. ... The country-level business plan would provide an assessment of the financial gaps that must be bridged by development assistance and debt cancellation so that the country can scale up essential services. The Commission on Macroeconomics and Health of the World Health Organization (WHO) recently completed such an exercise for the health sector. For low-income countries in SubSaharan Africa, for example, it was found that spending on health care services needs to increase from 3.9 percent of GNP in 2002 to 13.2 percent of GNP in 2015, in order to extend the coverage of essential health services to roughly two-thirds of the population. The commission assumed that these countries could muster an increase of 2.0 percentage points of GNP for health out of their own domestic revenues, leaving a gap of nearly 8 percent of GNP to be provided by donors (a sum estimated to equal $26 billion a year as of 2015.) ...

The idea of linking debt reduction to a detailed assessment of the financial requirements for meeting the debtors' essential needs may seem obvious, even trivial, but it is radically different from what the creditor-donor nations have done during the past quarter century. Debts owed by low-income countries have been collected, or partially cancelled, without any serious assessment of actual country needs anchored in specific development targets. And as we have seen, the results have been quite miserable. ...

Reforming the Treatment of Highly Indebted Poor Countries

...

What kind of institutional changes are required to reorient the international system in the recommended direction? I suggest the following:

  • The creditors should understand that, in a sovereign insolvency, whether under Chapter 9 in the United States or an international sovereign insolvency, the systemic goal is not the simple maximization of debt repayments to the creditors. Repayments to creditors must be placed in the context of additional objectives: a fresh start for an insolvent sovereign, preservation of its public functions, and achievement of broad development objectives. For low-income countries, the basic standard for debt collection should be to restructure debts in order to provide a macroeconomic framework within which the countries can achieve the MDGs.
  • Each HIPC should be encouraged - indeed, required, in order to obtain comprehensive debt cancellation - to prepare medium-term plans for scaling up its investments in health, education, and basic infrastructure during the period from now until 2015. The targets should be set in order to meet the MDGs. These plans should be designed in conjunction with civil society, as part of the ongoing poverty reduction strategy process.
  • The key U.N. agencies, including the UNDP, WHO, and UNICEF, and the Bretton Woods institutions should support the countries in this costing exercise, but they should also carry out independent estimates of the countries' financing needs and incorporate those estimates into their own key country strategy documents.
  • An independent review panel, with representatives appointed by both creditor and debtor countries but not representing either, should review the evidence from the countries and from the international agencies and make recommendations on the scale of debt cancellation and increased foreign assistance that should be granted to each country. For most HIPCs, the objective evidence will support a complete cancellation of debts, plus an increase in foreign assistance, all on a conditional basis to ensure that the increased net resource flow in fact supports the desired development objectives. The review panel could be convened under IMF auspices, but the recommendations should not be subject to a vote by the IMF's creditor-dominated executive board. In principle, such recommendations should be binding. In practice, it is almost certain that the rich countries will concur with such a system only if such a review panel operates on an advisory basis.
  • The United Nations and the Bretton Woods institutions should provide published yearly updates on the progress of each country toward each of the MDGs. These assessments would help not only in monitoring the low-income countries, but in monitoring the creditor-donor countries as well.

To the extent that the new system is merely advisory to the creditors, these recommendations may seem unnecessarily modest and might not resolve many of the political economy barriers that have blocked a more realistic approach to debt cancellation for the poorest countries. But ... A transparent process would shine important public light on the shortcomings of the creditor-dominated approach of the past quarter century. The objective evidence would underscore that the poorest countries are utterly impoverished and face multiple challenges of education, hunger, water and sanitation, and basic health that cannot be met without vastly larger flows of resources from the creditor countries. ...


This material is being reposted for wider distribution by Africa Action (incorporating the Africa Policy Information Center, The Africa Fund, and the American Committee on Africa). Africa Action's information services provide accessible information and analysis in order to promote U.S. and international policies toward Africa that advance economic, political and social justice and the full spectrum of human rights.

URL for this file: http://www.africafocus.org/docs02/dbt0209a.php