Committee for the Abolition of Illegitimate Debt

If we are to believe the G-7 finance ministers, Haiti is on its way to getting something it has deserved for a very long time: full “forgiveness" of its foreign debt. In Port-au-Prince, Haitian economist Camille Chalmers has been watching these developments with cautious optimism. Debt cancellation is a good start, he told Al Jazeera English, but”It’s time to go much further. We have to talk about reparations and restitution for the devastating consequences of debt." In this telling, the whole idea that Haiti is a debtor needs to be abandoned. Haiti, he argues, is a creditor—and it is we, in the West, who are deeply in arrears.

Our debt to Haiti stems from four main sources: slavery, the US occupation, dictatorship and climate change. These claims are not fantastical, nor are they merely rhetorical. They rest on multiple violations of legal norms and agreements. Here, far too briefly, are highlights of the Haiti case.

  The Slavery Debt
When Haitians won their independence from France in 1804, they would have had every right to claim reparations from the powers that had profited from three centuries of stolen labor. France, however, was convinced that it was Haitians who had stolen the property of slave owners by refusing to work for free. So in 1825, with a flotilla of war ships stationed off the Haitian coast threatening to re-enslave the former colony, King Charles X came to collect: 90 million gold francs—ten times Haiti’s annual revenue at the time. With no way to refuse, and no way to pay, the young nation was shackled to a debt that would take 122 years to pay off.

In 2003, Haitian President Jean-Bertrand Aristide, facing a crippling economic embargo, announced that Haiti would sue the French government over that long-ago heist. “Our argument,” Aristide’s former lawyer Ira Kurzban told me, “was that the contract was an invalid agreement because it was based on the threat of re-enslavement at a time when the international community regarded slavery as an evil.” The French government was sufficiently concerned that it sent a mediator to Port-au-Prince to keep the case out of court. In the end, however, its problem was eliminated: while trial preparations were under way, Aristide was toppled from power. The lawsuit disappeared, but for many Haitians the reparations claim lives on.

 The Dictatorship Debt
From 1957 to 1986, Haiti was ruled by the defiantly kleptocratic Duvalier regime. Unlike the French debt, the case against the Duvaliers made it into several courts, which traced Haitian funds to an elaborate network of Swiss bank accounts and lavish properties. In 1988 Kurzban won a landmark suit against Jean-Claude “Baby Doc” Duvalier when a US District Court in Miami found that the deposed ruler had “misappropriated more than $504,000,000 from public monies.”

Haitians, of course, are still waiting for their payback—but that was only the beginning of their losses. For more than two decades, the country’s creditors insisted that Haitians honor the huge debts incurred by the Duvaliers, estimated at $844 million, much of it owed to institutions like the IMF IMF
International Monetary Fund Along with the World Bank, the IMF was founded on the day the Bretton Woods Agreements were signed. Its first mission was to support the new system of standard exchange rates.

When the Bretton Wood fixed rates system came to an end in 1971, the main function of the IMF became that of being both policeman and fireman for global capital: it acts as policeman when it enforces its Structural Adjustment Policies and as fireman when it steps in to help out governments in risk of defaulting on debt repayments.

As for the World Bank, a weighted voting system operates: depending on the amount paid as contribution by each member state. 85% of the votes is required to modify the IMF Charter (which means that the USA with 17,68% % of the votes has a de facto veto on any change).

The institution is dominated by five countries: the United States (16,74%), Japan (6,23%), Germany (5,81%), France (4,29%) and the UK (4,29%).
The other 183 member countries are divided into groups led by one country. The most important one (6,57% of the votes) is led by Belgium. The least important group of countries (1,55% of the votes) is led by Gabon and brings together African countries.

http://imf.org and the World Bank World Bank
WB The World Bank was founded as part of the new international monetary system set up at Bretton Woods in 1944. Its capital is provided by member states’ contributions and loans on the international money markets. It financed public and private projects in Third World and East European countries.

It consists of several closely associated institutions, among which :

1. The International Bank for Reconstruction and Development (IBRD, 189 members in 2017), which provides loans in productive sectors such as farming or energy ;

2. The International Development Association (IDA, 159 members in 1997), which provides less advanced countries with long-term loans (35-40 years) at very low interest (1%) ;

3. The International Finance Corporation (IFC), which provides both loan and equity finance for business ventures in developing countries.

As Third World Debt gets worse, the World Bank (along with the IMF) tends to adopt a macro-economic perspective. For instance, it enforces adjustment policies that are intended to balance heavily indebted countries’ payments. The World Bank advises those countries that have to undergo the IMF’s therapy on such matters as how to reduce budget deficits, round up savings, enduce foreign investors to settle within their borders, or free prices and exchange rates.

. In debt service Debt service The sum of the interests and the amortization of the capital borrowed. alone, Haitians have paid out tens of millions every year.

Was it legal for foreign lenders to collect on the Duvalier debts when so much of it was never spent in Haiti? Very likely not. As Cephas Lumina, the United Nations Independent Expert on foreign debt, put it to me, “the case of Haiti is one of the best examples of odious debt Odious Debt According to the doctrine, for a debt to be odious it must meet two conditions:
1) It must have been contracted against the interests of the Nation, or against the interests of the People, or against the interests of the State.
2) Creditors cannot prove they they were unaware of how the borrowed money would be used.

We must underline that according to the doctrine of odious debt, the nature of the borrowing regime or government does not signify, since what matters is what the debt is used for. If a democratic government gets into debt against the interests of its population, the contracted debt can be called odious if it also meets the second condition. Consequently, contrary to a misleading version of the doctrine, odious debt is not only about dictatorial regimes.

(See Éric Toussaint, The Doctrine of Odious Debt : from Alexander Sack to the CADTM).

The father of the odious debt doctrine, Alexander Nahum Sack, clearly says that odious debts can be contracted by any regular government. Sack considers that a debt that is regularly incurred by a regular government can be branded as odious if the two above-mentioned conditions are met.
He adds, “once these two points are established, the burden of proof that the funds were used for the general or special needs of the State and were not of an odious character, would be upon the creditors.”

Sack defines a regular government as follows: “By a regular government is to be understood the supreme power that effectively exists within the limits of a given territory. Whether that government be monarchical (absolute or limited) or republican; whether it functions by “the grace of God” or “the will of the people”; whether it express “the will of the people” or not, of all the people or only of some; whether it be legally established or not, etc., none of that is relevant to the problem we are concerned with.”

So clearly for Sack, all regular governments, whether despotic or democratic, in one guise or another, can incur odious debts. in the world. On that basis alone the debt should be unconditionally canceled.”

But even if Haiti does see full debt cancellation (a big if), that does not extinguish its right to be compensated for illegal debts already collected.

 The Climate Debt
Championed by several developing countries at the climate summit in Copenhagen, the case for climate debt is straightforward. Wealthy countries that have so spectacularly failed to address the climate crisis they caused owe a debt to the developing countries that have done little to cause the crisis but are disproportionately facing its effects. In short: the polluter pays. Haiti has a particularly compelling claim. Its contribution to climate change has been negligible; Haiti’s per capita CO2 emissions are just 1 percent of US emissions. Yet Haiti is among the hardest hit countries—according to one index, only Somalia is more vulnerable to climate change.

Haiti’s vulnerability to climate change is not only—or even mostly—because of geography. Yes, it faces increasingly heavy storms. But it is Haiti’s weak infrastructure that turns challenges into disasters and disasters into full-fledged catastrophes. The earthquake, though not linked to climate change, is a prime example. And this is where all those illegal debt payments may yet extract their most devastating cost. Each payment to a foreign creditor was money not spent on a road, a school, an electrical line. And that same illegitimate debt empowered the IMF and World Bank to attach onerous conditions to each new loan, requiring Haiti to deregulate its economy and slash its public sector still further. Failure to comply was met with a punishing aid embargo from 2001 to ’04, the death knell to Haiti’s public sphere.

This history needs to be confronted now, because it threatens to repeat itself. Haiti’s creditors are already using the desperate need for earthquake aid to push for a fivefold increase in garment-sector production, some of the most exploitative jobs in the country. Haitians have no status in these talks, because they are regarded as passive recipients of aid, not full and dignified participants in a process of redress and restitution.

A reckoning with the debts the world owes to Haiti would radically change this poisonous dynamic. This is where the real road to repair begins: by recognizing the right of Haitians to reparations.

The interview with economist Camille Chalmers was conducted by my partner Avi Lewis for an in-depth report that aired today on Al Jazeera English. The piece, Haiti: The Politics of Rebuilding, offers a deeply compelling portrait of a people who are brimming with ideas about how how to rebuild their country based on principles of sovereignty and equity Equity The capital put into an enterprise by the shareholders. Not to be confused with ’hard capital’ or ’unsecured debt’. — far from the passive victims we have seen on so many other networks. It was produced by my former colleague Andrea Schmidt, one of the main researchers on The Shock Doctrine, and is crucial viewing for anyone concerned with avoiding a disaster capitalism redux in Haiti.

About Naomi Klein
Naomi Klein is an award-winning journalist and syndicated columnist and the author of the international and New York Times bestseller The Shock Doctrine: The Rise of Disaster Capitalism (September 2007); an earlier international best-seller, No Logo: Taking Aim at the Brand Bullies; and the collection Fences and Windows: Dispatches from the Front Lines of the Globalization Debate (2002). more...

This article appeared in the March 1, 2010 edition of The Nation.