Speculators have made $1-bn from crisis-hit countries. A case in the Channel Islands could decide how much more will follow.
Jean
Ngaigy, the head of a school in Lepaigagone, interprets the words of
one of her six-year-old students. The girl is happy to have a school
now. Her favourite subjects are maths and French.
Like
many children in the Democratic Republic of the Congo, both the girl's
parents were killed in the country's civil war, which left up to 7.2
million people dead. Now, though, a fragile peace in the town, outside
the capital Kinshasa, means mines are reopening and the factory is
coming back to life. The school has been rebuilt and has running water.
In the DRC, that represents hope.
Contrasts
The
DRC should be one of Africa's richest countries. It has a mineral
wealth estimated to be around $24-trillion (£15-tn). There are huge
deposits of cobalt, diamonds, gold, copper, oil and 80 per cent of the
world's supplies of coltan ore — a valuable mineral used in computers
and mobile phones.
Yet 100 women a week are still dying
in childbirth and 16,000 children under the age of five die every year.
One in three children in the DRC will never get anything more than
primary education.
One of the reasons the country has
been unable to recover is that it is being pursued by international debt
speculators, known as vulture funds, through offshore tax havens such
as Jersey, for debts that were run up during 30 years of war and civil
war.
What happens
Vulture funds
operate by buying up a country's debt when it is in a state of chaos.
When the country has stabilised, vulture funds return to demand millions
of dollars in interest repayments and fees on the original debt. New
York vulture fund FG Hemisphere has gone to Jersey to claim $100-m from
the DRC because a legal loophole means that the island remains free of
anti-vulture laws that were passed in the U.K. last year.
Jersey will decide next month (December) whether to allow its courts to let the $100-m go to FG Hemisphere.
It
has been 16 years since most of the world began writing off the debts
of the world's poorest countries, but the vulture funds, a club of
between 26 and 35 speculators, have ignored the debt concerts by pop
stars such as Bono and pleas from the likes of the World Bank and
International Monetary Fund (IMF) to give the countries a break and a
chance to get back on their feet.
The DRC has been a
particularly fruitful target for vulture funds, being ravaged by
conflict but rich in natural resources. One of the earliest cases
against the country came in 1996 when $30m worth of Congolese sovereign
debt was purchased by Kensington International Inc, a subsidiary of the
well-established hedge fund Elliott Associates, headed by prominent
vulture financier Paul Singer.
Singer, a major
contributor to the Republican party, reportedly bought the debt at a
significant discount and began pursuing lawsuits against the
impoverished African nation through the world's courtrooms. Bloomberg
has reported that the DRC has spent an estimated $5-m fighting Singer's
lawsuits. Finally in 2005 Kensington International was awarded $39-m in
the U.K. High Court.
So far, according to the World
Bank, the top 26 vultures have managed to collect $1-bn from the world's
poorest countries and still have a further $1.3-bn to collect. Gordon
Brown, the former British Prime Minister and long-time Finance Minister
in Tony Blair's administrations, has described the payouts as “morally
outrageous.”
The World Bank has described vulture funds
as “a threat to debt relief efforts” and the former, Bush-era U.S.
Treasury Secretary Henry Paulson said: “I deplore what the vulture funds
are doing” in testimony before the House of Representatives' financial
committee in 2007.
In terms of public donations, the
impact of the vulture funds is huge. The $1-bn collected by the funds is
equivalent to more than double the International Committee of the Red
Cross's entire budget for Africa in 2011. One billion dollars could fund
the entire U.N. appeal for the famine in Somalia and is more than twice
the amount of money raised by Save the Children last year.
Vulture
funds also scare off new investors, who the vultures will target their
investment, from a country. In the DRC, a large U.S. company with plans
to invest millions in mining pulled out last year after one vulture sued
it as a result of its business with the DRC government.
It
is thought FG Hemisphere bought the debt for which it is claiming $100m
in the Jersey court for $3.3-m, with the help of another vulture fund,
Debt Advisory International (DAI).
FG Hemisphere,
headed by Peter Grossman and DAI, run by Michael Sheehan — both men were
former Morgan Stanley consultants — have attempted to collect on the
debt by suing DRC state companies and their foreign investors.
Joint media investigation
When
interviewed as part of a joint investigation between the BBC's
Newsnight and theGuardian, Grossman defending his involvement in the
DRC, saying “he wasn't beating up on the Congo but collecting on a
legitimate debt.” The last decade has seen FG and DAI chase the DRC, for
the same debt, in the United States, Jersey, Hong Kong and Australia.
In 2010, Britain passed a law banning vulture funds from collecting in
U.K courts. But the legislation failed to mention Jersey. Because Jersey
is not specifically mentioned, it is automatically excluded under
British law, a loophole that FG Hemisphere immediately exploited.
Grossman
said it was not the vultures whose activities needed to be investigated
but mismanagement in the DRC. He also denied having any knowledge that,
as alleged by the Bosnian police, the debt was acquired illegally in
the first place.
Sheehan, who is nicknamed Goldfinger,
brokered the original deal with Bosnian state company EnergoInvest and
owns some of the debt. The DRC originally owed the money to EnergoInvest
for a contract to build power lines.
But as Grossman
looks for payment from DRC through the Jersey legal system, the world's
biggest charities, including Oxfam, Christian Aid and Jubilee Debt
Campaign U.K., are appealing to Jersey to close the loophole.
Jubilee
Debt Campaign U.K., which has been campaigning for debt relief for over
a decade, is sending a representative to Jersey next week to put the
case directly to the island's government to close the vulture funds'
loophole.
Tim Jones, of Jubilee Debt Campaign, said:
“The DRC is the second poorest country in the world. The country
desperately needs to be able to use its rich resources to alleviate
poverty, not squander them on paying unjust debts to vulture funds left
by the dictator Joseph Mobutu. Jersey has to shut vulture funds down.”
U.K. legislation on vulture funds has already had an impact, when
Liberia last year reached agreement to repay just over three per cent of
the face value of a $43-m debt. That case was originally brought by two
Caribbean-based vulture funds, Hamsah Investments and Wall Capital Ltd,
over a debt dating back to the 1970s and it sparked a furore when the
high court ordered Liberia to repay the full debt in 2009. Liberia
mobilised debt campaigners, who pushed for a change in the law,
resulting in the Debt Relief (Developing Countries) Act 2010 being
passed.
The law, a world first, requires commercial
creditors to comply with the terms of international debt cancellation
schemes, which specify a single discount rate for creditors to ensure
equal treatment. The law applies to the U.K. courts and ensures that
public money given towards debt cancellation is not diverted to private
investors.
The World Bank estimates that more than
one-third of the countries which have qualified for Heavily Indebted
Poor Countries (HIPC) debt relief have been targeted by vulture funds.
HIPC countries are those whose debt is unsustainable and qualify for
loans from the World Bank's International Development Association or the
IMF's poverty reduction and growth facility.
The
Democratic Republic of the Congo is poised on the edge of a fragile
peace but elections later this month could again destabilise the
country. Having spent $5-m fighting off the vulture funds, the DRC is
waiting for news from 4,000 miles away, where Jersey will decide whether
the vultures will get their money. (Additional reporting by the Centre
for Investigative Reporting in Sarajevo, Josh Strauss and Nicolas
Niarchos.)