Amidst a succession of financial shocks, the Middle East war being only the most recent, developing countries’ debt levels are alarmingly high and continuing to rise. These burdens make it even more difficult for governments in the Global South to meet the basic needs of their populations. And because the world is inter-connected through international trade and financial markets, these developing country debts boomerang back to harm ordinary people in the United States and other advanced economies as well.
To effectively address this growing crisis, we need to recognize that the debt landscape is very different today than it was in the late 1990s/early 2000s, when global leaders agreed on relief initiatives worth more than $130 billion. Back then, private creditors held only about five percent of developing country debt. The rest was in the hands of public creditors, including the United States, UK, Germany and other Group of 7 rich country governments, as well as multilateral financial institutions such as the International Monetary Fund and the World Bank, which the G7 largely control.
Today, more than 60 percent of developing country debt is owed to private creditors who typically have the power to sue for full payment even when collective talks or international community initiatives for debt relief are ongoing. The mere threat of litigation gives these private creditors disproportionate leverage that puts debtors at a disadvantage and erodes debt relief gains. During Ethiopia’s prolonged struggle to access debt reductions under the G20 Common Framework, for example, private bondholders threatened to sue rather than make an effort similar to that of public creditors.
What can be done? One promising approach involves working the levers of power in the jurisdictions that govern private debt contracts. More than 90 percent are issued in New York and the UK. And over the past year, a bill to crack down on predatory private creditors gained real traction in the New York legislature. The “Champerty Fix Act” would prevent private creditors with debt contracts in that state from purchasing heavily discounted debt and then litigating to collect in full, instead of constructively engaging in debt negotiations. The bill would also significantly cut the high interest rates that debt crisis countries pay on claims under litigation.