Monday, February 12, 2007

How Blind Economic Theology Left 34 Dead: Four Years Ago Today in La Paz


Readers:

It was on this day four years ago, February 12, 2003, that the Bolivian army and a unit of the national police launched a four-hour shooting war against one another on the steps of the Presidential Palace in the very heart of the country's capital. "Febrero Negro", as it is called here, left 34 people dead and more than 150 others wounded. Among the dead was Anna Colque, a 24-year-old student nurse and single mother, shot and killed by Army sharpshooters as she came to the rooftop aid of a young repairman also killed by soldiers.

Febrero Negro was a needless national tragedy utterly created by economic blindness and arrogance – the blindness and arrogance of the International Monetary Fund (IMF) in Washington and of then-President Gonzalo Sanchez de Lozada.

In April 2005 The Democracy Center issued a painstakingly researched report on Febrero Negro, drawn from a lengthy review of economic documents, and interviews with, among others: Vice President Carlos Mesa; Sanchez de Lozada's senior economic advisors; the International Monetary Fund; the leader of the police uprising; and many others. We published that report, Deadly Consequences, in both English and Spanish and made it available in full on our Web site (here is the link).

Today, to mark the fourth anniversary of that Bolivian tragedy, we bring you a brief synopsis of how blind economic theology sparked the deaths of 34 people. We also encourage readers to have a look at the full report.

Jim Shultz


How Economic Theology Left 34 Dead

In January 2003 Bolivia's government received a warning from one of its key lenders, the International Monetary Fund (IMF) in Washington, DC. It was time for Bolivia to get its economic house in order, IMF officials told the government. The Fund told Bolivia it needed to cuts its chronic and growing budget deficit by $240 million if it was to stay in the Fund's (and other lenders') good graces.

President Gonzalo Sanchez de Lozada told his advisors to draw up a plan. The proposal they came back with suggested closing the budget gap with a new tax on foreign oil producers doing business in Bolivia. Taxing the foreign oil companies that were making record profits made perfect sense, the advisors told the President. It was, in fact, the privatization of Bolivia's oil and gas in Sanchez de Lozada's first term in the 1990s that help lead to the deficit by cutting public revenue from oil and gas. The new tax would have raised $160 million, to be combined with a new modest income tax on the Bolivia's wealthiest (to raise another $20 million).

Going against most of his key advisors, including his own Vice President, Sanchez de Lozada took any proposal for taxes on the foreign companies off the table. He warned that the companies would stop doing business in Bolivia if the country raised taxes, and that it would threaten a plan he was negotiating to export Bolivian gas through Chile to the US.

"The great alibi, the great argument of the multinational corporations is legal security," then-Vice President (and later President) Carlos Mesa told me. "The moment that you change your tax rules, you are changing the rules of the game that establish the possibility that those companies will come and invest in Bolivia. With another set of rules that are less predictable, they say, we wouldn’t have risked coming here."

Tax the Poor but not the Oil Companies

Squeezed by the IMF on the one side and his refusal to consider taxes on the corporations, Sanchez de Lozada told his budget advisors to draw up another plan, one that would extend the new income tax on the wealthy all the way down to people earning two times the minimum wage, about $100 per month at the time. His advisors warned him against it, saying that it was both unfair and also politically explosive.

Then Sanchez de Lozada asked them, one told me – How much will it cost a policeman, or a nurse, or a teacher, earning two minimum wages? Calculators in hand, they told the President that the poorest would pay about $2 more per month. The wealthy President dismissed that as pocket change and ordered the plan to move forward.

The low-income people affected by the proposed new tax did not take the same view. For them $2 was two full meals, a week of bus fares, real money. Protests broke out in the nation's capital, joined by a unit of the national police. The President refused to alter his position. On February 12th, with the police and protesters occupying one corner of Plaza Murillo and the army protecting the President's office in another corner, the standoff turned violent – first with tear gas and then with live rounds.

Thirty-four people would eventually die, from that shooting and the government's repression against the protests. Sanchez de Lozada was forced to withdraw his tax plan and the IMF mission in town from Washington fled to the airport, denying later that the Fund bore any blame.

And Now $1 Billion More from the Oil Companies

History does not often tell us how wrong a stubborn leader can be, but in this case history does. Febrero Negro woke up Bolivia's social movements to how little revenue the country was receiving from the foreign oil companies in taxes. When news finally broke that September of Sanchez de Lozada's planned gas export deal via Chile, protests exploded through much of the nation (some over the deal and some over historical animosity toward Chile). Sanchez de Lozada's efforts to repress those protests, which left more than 50 dead, sparked a national rebellion and he was forced to resign and flee to exile in Washington.

With his departure the option for taxing the foreign oil companies was back on the table. Under pressure by social movements to act, then President Carlos Mesa championed a new law in the Congress (#3058) that substantially raised taxes on the companies. That was followed by President Evo Morales, in 2006, "nationalizing" the country's gas and oil and negotiating new contracts with all the foreign companies.

As a result of the Mesa law (primarily) and the additional efforts by Morales, in 2006 Bolivia increased its national revenue from oil and gas by almost $1 billion – four times the IMF deficit reduction target in 2003. And all the foreign companies are still here and still making profits.

Sanchez de Lozada, the long-time champion in Bolivia of conservative "Washington Consensus" economic reforms, used those reforms to drive Bolivia's budget into deeper and deeper deficits. Bolivia's leftist social movements – supposedly ignorant of how "real economics" works – forced a change in political direction that has achieved fiscal solvency for the government that the IMF never even dreamed of (Bolivia will run a budget surplus for 2006).

What is the lesson? Theology and blind faith belongs to the world of religion, not public policy. The myth that the oil companies sold and that Sanchez de Lozada bought – raise their taxes and they will leave – turned out to be just that, a myth. How much a city, or a state or a nation can raise taxes on companies before they move away is not the stuff of economic religion, it is a math equation.

Four years ago this week Bolivia's government and its conservative foreign champions wouldn't even do the math and instead, Bolivia had to count up the needless numbers of dead and wounded. It turns out that in Bolivia, the social movements demanding higher gas taxes knew more about real global economics than Goni did.

Read the full report here.

45 Comments:

Anonymous Anonymous said...

Bolivia's situation would be much worse if not for the Bretton Woods institutions. Despite all the rethoric and half truths in your propaganda, nobody forced Bolivia into "submitting" itself to the IMF and had they not done, things would have so much worse. Sachs is in reality one of the greatest Bolivian heroes.

Bolivians simply can't pay for all that they want. The institutions are corrupt and incompetent no matter who is in power.


Evo and the SS are just as responsible for the deaths in Febrero negro as Goni. Very simple. You want to put Goni in trial, let's also put Evo, his shinning path buddy Walter "Goebbels" Chavez on trial as well.

Now instead of wasting time with Carnival or selling propaganda.....Bolivia: nationalise this

It seems that whenever things start going badly for Evo Morales, he nationalises something. So it was again last Friday when the Bolivian president announced the state was taking back control of Vinto, a tin smelter owned by Swiss company Glencore.

It was an extravagant way of covering up what had been a terrible week, marked by an extraordinary U-turn on a plan to raise mining taxes. After two days of protests in La Paz, Mr Morales agreed to freeze taxes paid by mining co-operatives. Those protests followed a weekend in which Mr Morales had used troops against demonstrators in southern Bolivia demanding a more radical nationalisation of the gas sector.

Yet gas nationalisation has seemingly run into the ground. Incompetence at YPFB, the state energy company, means new contracts signed last year with foreign investors have still not come into effect, while gas price talks with Brazil have stalled. Now Carlos Villegas, the hydrocarbons minister, looks to be on the verge of quitting after publicly voicing his frustration with YPFB. Mr Villegas failed to show up for work last Thursday and Friday.

With swathes of his own base now turning against him, Mr Morales seems likely to hit another sticky patch soon – and has already signalled how he plans to get out of it. Last week he threatened to expel Transredes, a Shell subsidiary, for allegedly stirring up the gas protests. Given how promptly his administration kicked out Brazilian steelmaker EBX last year, this may be no idle threat.

3:27 PM  
Anonymous Pascal's Revenge said...

Dear Jim,

As always, a fascinating and provocative post - I learned some details about Febrero Negro that I had never heard before. Thank you.

But may I lodge a minor complaint?

Politics wholly aside, couldn't the same post have been written just as effectively without the superfluous swipe at religion and the sneering tone toward people of faith?

A few points:

1. In reference to the word "theology" (to steal a phrase from The Princess Bride): I do not think that word means what you think it means. Perhaps you meant "ideology" or more strongly "dogmatic ideology" but your phrase "blind economic theology" is literally nonsensical.

2. Knowing that you are an intelligent, educated man, I presume that you (mis)used the word theology only because you equate it or associate it with blindness.

3. Yes, theology does not belong in the world of public policy. No, theology does not belong exclusively to the world of religion (whatever that is.) Anyone can do theology in any sphere of life.

4. Yes, blind faith does not belong to the world of public policiy. But neither does blind faith belong to the world of religion. Very few people of faith, including fideists, would describe their faith as "blind."

5. The sum total of all this is that you reveal a "desprecio" toward religion and the religious that is all too typical of leftist elitists.

6. Whether you are a leftist elitist or whether you truly have anything against people of faith,I do not know. I hope not. But this post reveals at least some misunderstanding in these matters.

Best,
PR

PR

4:44 PM  
Blogger Dan said...

Interesting comment from Paschal's Revenge. I had actually started to leave a comment to the same effect earlier in the day, but then had to run. I was merely going to suggest that "idolotry" might be a better word.

2:06 AM  
Anonymous El Grindio said...

Oh, ye of little faith. Verrily, verrily, I sayeth onto thee: Thou art a Doubting Thomas to question "Brother James".

All kidding aside, please turn your Bibles to Luke 16:13:
"No servant can serve two masters: for either he will hate the one, and love the other; or he will hold to the one, and despise the other. You cannot serve God and mammon."

I get old school Catholicism vibes from PR and Dan's posts so the above is quoted from the Douay-Rheims 1899 American Edition.

Others, please note the Amplified Bible ("AB") states:
"No servant is able to serve two masters; for either he will hate the one and love the other, or he will stand by and be devoted to the one and despise the other. You cannot serve God and mammon (riches, or [a]anything in which you trust and on which you rely)."

A reasonable person could infer from both Bible translations that one should serve God. Also, the scriptures inform us that one serves God in spirit and in truth. That means by their reasoned discourse about their faith in God (ie, theology) and by their faith (ie, trust in that which they cannot see, hear or touch or "blind faith")

Jim stated, "Theology and blind faith belongs to the world of religion, not public policy".
For reasons stated above, that means the same as "theology and blind faith should serve the world of God not mammon" (or public policy according to the AB).

Thus Jim's statement is substantially similar to what is argued in Luke 16:13

My point is this. Bretheren, stop hassling Jim. He may be an atheist but God is using him to do the good work that followers are mandated to perform. After all, God used a donkey so why can't He use Jim to minister to others . . . or you . . . or even use El Grindio.

Well, maybe that last example is a bit of a stretch; wouldn't want to commit sacrilege on par with Bush claiming to speak with God.

6:33 AM  
Anonymous Pascal's Revenge said...

Dear El Grindio,

Thou art hilarious!

But thy comment is surely (in the neighborhood of) making a decent point. If Brother James is providing cold water to the thirsty, food to the hungry, clothing to the poor, etc. then no believer could hope to do better work.

No hassling of Brother James intended! (Well, maybe just a little.)

PR

12:44 PM  
Blogger Dan said...

I agree with the spirit of both Jim's post and El Grindio's comment. But I'm also a stickler for words. Theology is how we think about and know God per se, and reason play a role. Jim's point, reinforced by El Grindio's bible quote, is valid - it's just a misuse of the word 'theology.' I suggested 'idolotry.' I would also accept 'religious dogmatism.' I think both phrases, while they come from the world of religion, accurately describe the market fundamentalism of neoliberal economics.
Theology can employ lots of ways of knowing - from reason to scriptural revelation to the lived experience of the grassroots church, etc. It is an exciting field of inquiry precisely because there are so many ways of going about it and so many vigorous debates about both methods and conclusions. So, it seems to me a significant mistake to use it to denote unreflective, uncritical behavior. It's like saying that because politicians can be blindly partisan, political theory must be synonymous with unthinking political dogmatism.

2:31 AM  
Anonymous Anonymous said...

RIGHT ON Anonimo 2.27pm. Evo is getting himself into real trouble, both in and out of Bolivia. That is the reality of the situation. Even HIS own, are now thinking if they voted the right way.
Maybe even Jim, may have to think twice about his thoughts on Bolivia. Theology or what ever you want to call it, etc. etc.

11:59 AM  
Anonymous El Grindio said...

Urban hipster that I am, naturally, I rolled on the floor with laughter upon reading Glencore's hired hack wrote-in his follow up post-that ancient catch phrase: "RIGHT ON".

Thus, I set aside Dan's deep and substantive discussion regarding issues that really matter because they are outcome determinative as to having happiness, sense of purpose, and meaning in life. Dan, I'll get back to you and PR on the meaning of theology. Since words have meaning: "RIGHT ON". :-)

Now to the mundane:
Why does Glencore's hack write two posts that only ignorant reactionary clowns like BL would buy?
1) Goni bought the very resources he privatized in an apparently highly leveraged fire sale for pennies on the dollar thus driving Bolivia into financial ruin. The prior financial chaos was a result of the machinations of reactionary rightwingers and the ogliarchs against the UPD's socialist agenda.

2) Goni-an alleged criminal-sold his assets to a pardoned criminal Marc Rich, who then formed Glencore as the world's largest privately held company. Rich became a Swiss citizen after fleeing prosecution for racketeering, tax evasion and illegal deals with Iran. Rich received a pardon from Bill Clinton in 2001, which required him to pay a $100 million fine and which resulted in Clinton getting investigated. Cheney's former chief of staff, "Scooter" Libby, who is on trial regarding federal charges, was Rich's lawyer and charged him $2 million for legal fees.

That's who this hack (posting as anonymous) defends against Evo's effort to mitigate the harms inflicted by crooks on Bolivia so the problems of its poor may be alleviated if not corrected.

3:08 PM  
Anonymous El Grindio said...

Now let's examine that shiny example of global citizenry that is Glencore and why Evo is so anxious to see them in court. From Wikipedia, redirected from Glencore International:

Glencore International AG (formerly called Marc Rich & Co AG) is completely owned by its management.

According to an Australian public radio report, "Glencore's history reads like a spy novel".

ABC Radio also reported that Glencore "has been accused of illegal dealings with rogue states: apartheid South Africa, Communist Russia, Iran, and Iraq under Saddam Hussein", and has a "history of busting UN embargoes to profit from corrupt or despotic regimes". [3] Specifically, Glencore was reported to have been named by the CIA to have paid USD 3,222,780 in illegal kickbacks to obtain oil in the course of the UN oil-for-food programme for Iraq. The company denied these charges, according to the CIA report quoted by ABC.[3][2]

Moreover, Swiss public television (TSR) reported in 2006 that allegations of corruption and severe human rights violations were being raised against Glencore on account of the alleged conduct of its Colombian Cerrejón mining subsidiary. Local union president Francisco Ramirez was reported to have accused Cerrejón of forced expropriations and evacuations of entire villages in order to enable mine expansion, in complicity with Colombian authorities. According to TSR, a representative of the local Wayuu indians also accused Colombian paramilitary and military units, including those charged with Cerrejón mining security, of forcibly driving the Wayuu off their land, in what she described as a "massacre".[5]

Through its Bolivian subsidiary, Sinchi Wayra (which it acquired in 2005), Glencore operates six businesses in Bolivia that mine and process tin, silver, gold and zinc.[6][7]; notable among these has been Empresa Metalurgica Vinto, reportedly the world's largest privately-run smelter complex, located in the department of Oruro, which was seized and nationalized by Bolivian President Evo Morales on February 9th, 2007.

3:13 PM  
Anonymous Anonymous said...

it all means that Glencore is par for the course as far as Swiss corporations (they all done business with the Nazis, Saddam, etc.) is concerned and the Democrats as well. Would not surprise me that the Glencore gets their money back if they actually seize Vinto.

Although it would have been faaaaaaaaaaaaaaaaaar better doing a Vinto/Mutun/St. Cristobal package with the one of them BRIC countries but who the hell in their right mind would invest anything in Bolivia? Only madmen like Chavez and Castro....but I digress.

Now Grindio, can Wiki tell me the difference between Vinto and the new smelter in Dubai?

6:31 PM  
Blogger Norman said...

I don't know much more about Glencore than what I've read here the last couple of days. What I do know is that the President of Bolivia seized private property without any attempt at due process. If this were my country, I might find that alarming.

3:14 PM  
Anonymous Anonymous said...

I also agree with Pascal´s Revenge- theology as a title for this article is inappropriate. Why did you choose to use that term?

8:38 AM  
Blogger Norman said...

I kind of liked it. It completely sidetracked the entire discussion away from Jim's main point; a point that had already been argued to death many times over.

9:14 AM  
Anonymous El Grindio said...

Norman,
The Glencore (an organization who's founder Marc Rich was indicted and pardoned for racketeering) record shows it operates as a rogue "privately held" international corporation.

You sit as Internet judge and jury proclaiming Glencore innocent and boldly-without any evidence-Bolivia "seized private property without any attempt at due process"?

What Bolivian right to due process was breached under the facts in this case of a President who previously privatized state assets he bought only to later surreptiously transfer to international rogues thus shielding himself from asset forfeiture?

Side note: Apparently "Anonymous 5:31PM" was right. Economist magazine reports Goni agreed to refund Glencore if the assets were forfeited to Bolivia.

That's what this case is about. An alleged criminal organization had its assets seized just like happens all the time in the USA, particularly in drug cases. Glencore gets their day in court to prove they did not violate Bolivian laws, the assets are theirs, and a right to compensation. If they do NOT have unclean hands since one cannot seek equity from a court of equity if one does not practice equity.

Bolivia anxiously seeks that day in court for they seek redress for grievances attributable to the lawlessness that harmed Bolivia.

7:47 PM  
Anonymous Anonymous said...

Ermm, back from a coupla weeks away, looking at this thread I think we’re confusing the issue actually.

The Vinto smelter case is not about bringing a rogue company (if that’s what Glencore is, & personally I’d be wary about tagging such labels without knowing more about them) to justice.

It’s about the Bolivian government dealing with an apparently somewhat irregular sale of national assets abroad, & more to the point, either through or to (or both) the pockets of the ex-president who initiated the whole deal.

Basically the allegations are that the Vinto smelter was privatized by Goni & sold to a British company called Allied Deals – which has since disappeared without trace – for US$ 14 million, when it was actually worth US$140m – ten times as much… (Some MAS estimates argue the real selling price was even lower than US$14 million, actually just US$3 million as in the appetizing sale package were included US$11 million of materials & spare parts.) Whatever, next step is that Allied Deals sold Vinto on to Comsur for US$6 million. Guess who was the majority shareholder of Comsur? Goni. Who then sells Vinto onto Glencore for US$90 million.

Moral of the story, Goni pockets a tidy profit of US$84 million selling something that wasn’t it but belonged to the Bolivian state (ie people), & which was his job to administer.

Now, I’m not a Goni-basher, I do think he’s become a comfortable scapegoat for all that was wrong with Bolivia before, when perhaps the gravity of any responsibility he has should be more equally shared with a whole bunch of other regimes & politicians. That said my friends if there is any truth to the above tale then I do think the current government has the right, if not also the responsibility, to do something about it, & any other shady looting-the-booty operations that surface, now.

Was the best way to do this to send the military into the Vinto plant? I dunno, but I think it’s a relative detail, although pyrotechnic, in the bigger scheme of things. The real issues – who gets what (including compensation) out of the Vinto plant, not to mention Glencore’s other mining interests in Bolivia - will now be discussed between Glencore & the Bolivian government. There’ll be plenty of rhetoric ofcourse but an agreement will be reached.

What type of agreement? Who knows, but one can presume it will depend partly on what actually went on behind the scenes at the time, how much complicity there was between Glencore & Goni in the deal, or if Glencore simply were a lucky bidder in the right place at the right time.

Personally, I do smell a rat in the vicinity, & I think that explains why Glencore & the Swiss authorities are actually taking a softer line than the press attention in Bolivia would have you believe.

Who knows though? I for one will be watching the developments with interest…

Jack

9:40 PM  
Blogger Norman said...

E-G, you misinterpret me. I by no means proclaim Glencore guilty or innocent of anything and I certainly have no interest in defending Marc Rich. I said that there was no due process. If Jack’s description of events is true, I would say that Bolivia has every right to pursue action against Glencore. If I’m not mistaken though, and your background in law is superior to mine, so please correct me if I’m wrong, when assets are seized in the US, there has to be that element of the commission of a crime or the failure to comply with a contractual obligation. I missed where Mr. Morales proved this or made any effort to do so. He simply nationalized the assets without being bothered by such things. That’s alarming. It’s alarming because you have to ask yourself where his power is limited.

Sidebar: Jack’s telling is the best explanation I’ve heard to date of corruption in Bolivia.

11:18 AM  
Anonymous Anonymous said...

Norm,

Thanks for the comment. From the way you write you’re obviously a good guy, open to other’s ideas & not afraid to say your own. Being ready to stand up & be counted whilst maintaining a respect & openness to others is nice to see on this blog.

So I’ll take my chances & try to get you see the Vinto issue; & particularly the lack of “due process” you rightly mention to be a concern, under another shade of colour.

A bit of context first of all could help us understand things better.

1. Bolivia’s assets & resources have been pillaged for decades, centuries. By all those who’ve been in a position of power to be able to do it, it’s been an almost universal pratice, it’d be wrong to spend too much time arguing who’s done it more & who less, left or right, camba or colla. Simply because the reason it’s been done so often, & without sanction, is that there’s been a total lack of ethics, of what’s the country’s & what’s yours, what the role of those in power is (to administer on behalf of who you represent or to steal?) etc etc. This lack of ethics has been an all too common denominator amongst the whole Bolivian political class.

Norm, if this practice is going to be stopped, it’s going to be by showing that it won’t be tolerated, that the Bolivian who plunders will be brought to law & the foreign recipient will have his ill-gotten gains taken away. High-profile methods – such as sending the troops into the plant - for dealing with the looting can be a good, perhaps necessary, deterrent particularly in the initial phases. The message needs to travel strong & far, within Bolivia, but also to Zurich, New York, London & wherever.

Ofcourse there will MAS rhetoric à la “nationalization”, “taking back from the evil neoliberalist to give back to the poor”, this will grate some people. But see through this & behind it I think a “get tough” policy on the looting of Bolivia is one of the things the country needs.

2. the appropriation of assets believed to have been obtained irregularly, before the “due process” you mention is actually a fairly standard way of doing things. (The Swiss government for example has said they get at least one case a month they’re asked to intervene on). Actually, what’s been done so far is simply to get the “due process” moving, to get Glencore to the table to explain what happened, & based on that to decide what will be done.


3. Despite the high profile sending of the troops to the plant & plenty of rhetoric, I don’t think the Bolivian government has set out to rob Glencore of everything they have in Bolivia, condemning them guilty of all the sins under the sun without due process. If I’m not mistaken, for example, there’s another US$200 million’s worth of mining rights in Bolivia which haven’t been touched yet, despite the fact these were also purchased apparently from Comsur by Glencore.. Further, Evo announced a couple of days ago that compensation would be given if Glencore demonstrated that they had made investments in the plant in Bolivia since purchasing it. That’s a pretty fair criteria I think, you buy something at much less than it’s worth from a desperately poor country (maybe via the connivance of a corrupt politician oops ex-head of state) & don’t put any money in, just squeeze it for the profits you can make, & you ALSO demand compensation!?! Let’s at least find out what happened before deciding what you’re due, surely..

4. we’re not talking about peanuts here (for Bolivia), US$140 million is about the same as was just won with some pretty tough negotiations over gas with Brazil, never mind the other US$200 mil for the mining rights… So, aside from the value of a strong message that sooner or later needs to be sent out to those who pillage, we’re talking about something that is of some value to Bolivia, that should quite rightly be defended.

5. in the Vinto case we should note that one of the two alleged parties involved is abroad in the US, with little interest in returning to Bolivia to set out his case. The other party is a company in Switzerland, historically not the easiest place in the world to get back either assets or explanations from. I think the only way the Bolivian authorities could get Glencore to the table was by taking a firm hand on Vinto, make them want to come to them.

6. reading between the lines I reckon that the firm stance taken by the Bolivian government is less motivated by “let’s nationalize” ideology than some would have you believe, & more motivated by their knowledge that there was some serious monkey business in the whole affair. They’ll want to get some political capital out of too if they can, but that doesn’t mean they have less right on clearing up, & straightening out, the affair.

All told then, I don’t think the Bolivian government has acted irresponsibly so far with the Vinto issue. Sure, some doubts could remain as to how the move could be interpreted by foreign investors in Bolivia, what Evo & co. could do in future. But until things become clearer, & we do find out what really happened, I think we should leave the rhetoric aside. If it turns out the deal was illicit, well I don’t see anything wrong with Bolivia ensuring things are put right, & if this means that Bolivia will attract those looking to make a fair & legitimate business in the country, & scare off those looking to make a killing with the help of corrupt politicians, well so be it & it’s not a bad message for Bolivia to send out.

Lastly, in my view, whilst there are some alarming warning signs, we shouldn’t yet presume Glencore’s guilt in the whole affair. It could be they were a lucky recipient of something that Goni or Comsur needed to offload in order to cash in, maybe they didn’t know what had gone on before. But Norman, the only way we’re going to find out is by hearing what they have to say, & the only way to do that is get them to the table.

My best,

Jack

11:29 AM  
Blogger Dan said...

Wow, Jack, that is very helpful - thank you. I agree with your take, although I certainly would not have had the specific knowledge or insight to explain it as you've done here.

But generally, what you've written gets at a theme I find extremely interesting, often discussed here and particularly perplexing to those of us from the US, Europe, or even middle-to-upper-class Bolivian background: that of the relationship of the Bolivian "left" to the rule of law.

I think this case offers helpful insight into why "legality" is often the most important thing for many of us, and does not seem to be as high a priority for others, including the present administration in Bolivia and many of the members of the social movements there. Many of us like to picture The Law as a blindfolded woman with scales in her hand, but in fact, many in Bolivia (or other poor and/or oppressed groups) have often experienced The Law more as a fat cat in a pinstriped suit with a cigar in his mouth - far from blindfolded, he has one eye always open, and the other he may close to wink at those in whose favor his scales are loaded.

Contracts like the one for Vinto may or may not have been legal; ditto Evo's recent nationalization maneuver (I know nothing about it beyond what I've read here.) Most Bolivians I know would find that barely relevant -- Bolivia has more laws than you can imagine, and they are often described as not worth the paper they're written on. What concerns many people more is: was it just? Was it fair? Was it good for the people? Whether or not a contract like this is legal has often had little to do with the answers to those questions. Jack has done a good job describing this history.

And the question of fairness leads to the fact that the foreign companies who play themselves off as victims in these situations - often appealing to Law and Order - are disingenuous when they try to pretend that questions around the ethics of the deal should be directed exclusively at the Bolivian government with whom they negotiated their sweet contracts.

When the Cochabamba "Water War" happened, I remember Bechtel's explanation of its actions. I was shocked by it. They said that they were in no way responsible for the unfavorable (to Bolivians) elements of their contract, because many of those elements were due to decisions which had been insisted upon by their Bolivian negotiating partners (principally around the insistance on continuing to prioritize Misicuni), and Bechtel had voiced objection to them throughout negotiations. I read that as an admission of guilt: We were fully aware, throughout the process, that Bolivian politicians and business leaders were working against the best interest of the Bolivian people, and that by signing on we would be participating in what amounts to a scam, but they could not be swayed and we stood to make a lot of money (and they assured us it was all legal), so what could we do but sign the contract and send out the bills? I think it unconscionable that they then had the nerve to play the helpless victim during and after the resulting civil unrest that lead to their ouster.

Now, I have no idea if Glencore is guilty of the same kind of despicable ethics in the Vinto deal. But I fully agree with Jack that Bolivia has to get tough on this history of plunder. And that means changing the rules. It is not a coincidence that this takes place at the same time as the Constituent Assembly and other efforts to completely change Bolivian political structures. I doubt anyone agrees with all of the specifics of how Morales or MAS would carry this out. But it stands to reason that in the midst of such a shift, some people who benefited from the old structure are going to feel victimized, and will appeal to their old friend, The Law.

I hope there will be, as Jack predicts, a kind of due process after the fact. And I understand the general importance of the rule of law as a standard manifestation of the social contract. I am not defending the administration's right to be lawless. But for me this case, and Jack's explanation, do shed light on the relative place of the law depending on one's social and historical perspective.

Those who've generally benefited from the laws of the system will be concerned primarily about whether Evo is playing by the rules. Those who've generally seen those laws used as a smokescreen for their oppressors are less concerned with the rules of the game, and more concerned with whether they might actually, finally, have a shot at winning.

Or is futbol the only arena in which Bolivia will ever experience a home-field advantage?

4:54 AM  
Anonymous Anonymous said...

random side question...what are people's opinions about expanding the coca market globally - marketing coca tea, shampoo, etc? Is this realistic? Would it produce profits for the farmers?

12:58 AM  
Anonymous El Grindio said...

Wikipedia provides context showing why it is imperative that Bolivia fight corruption and the imperialism of transnational corporations that wield more power than certain nation-states. Accordingly, Sanchez de Lozada (“GSL”) and Glencore should be dealt with severely, according to law so that it has a deterrent effect and Bolivia can use its resources to benefit its citizens not scofflaws and outlaws:
‘Bolivia is one of the poorest countries in South America after the Guyanas. This has been attributed to high levels of corruption and the imperialist role of foreign powers in the country since the colonisation. The country is rich in natural resources, and has been called a "donkey sitting on a gold mine" because of this. Apart from famous mines, which were known by the Incas and later exploited by the Spaniards, Bolivia owns the second largest natural gas field of South America after Venezuela. Furthermore, El Mutún in the Santa Cruz department represents 70% of the world's iron and magnesium.’ http://en.wikipedia.org/wiki/Bolivia


According to newspaper reports “El Complejo Metalúrgico Vinto genera una utilidad anual de 17 millones de dólares, no de nueve millones como reportaba la ex administradora Sinchi Wayra, filial de la suiza Glencore.”

Vinto’s management was the source of the above disclosure that Glencore was cheating Bolivia of about half of what Glencore was earning. That constitutes a badge of fraud.

Secondly, in another article I read that Glencore had made no investments in Vinto as it was supposed to. That constitutes a breach of a purchase agreement under which state holdings were privatized and a violation of the law that purchasers were obligated to invest in the holdings privatized.

Evo Morales should be supported in his efforts to uphold the rule of law, fight corruption and provide a fair and level playing field for investors that play by the rules. That means we should support his effort to bring to justice Glencore and GSL.

As an aside: I think it appropriate bring conflict of interest actions against all parties involved GSL's machinations that caused a state holding to be sold for less than it makes in a year and resulted in him owning it and many other valuable mines.

Evo said that mines that did not violate laws have nothing to fear. He even recently offered to refund to Glencore any of the investments they made as obligated under the privatization laws.

The best deterrent to corruption would be to extradite and prosecute ALL parties that acted in concert to defraud Bolivia.

4:47 PM  
Anonymous Anonymous said...

Ok, so El Grindio sometimes does have a bit of a hot-head & can get excessively personal. But I put that down partly to a passion for defending some sound principles he has, the effervescence of youth (here I’m guessing), in any case he has a canny way of getting closer to the truth sometimes than many of us may expect.

Anyhow, to give some extra credibility to some of his declarations, & add a bit more info on the Vinto & related issues, here goes:

1. What is Vinto? Well, it’s the only smelter in Bolivia, in other words the only plant where minerals can be processed from their natural state before being sold on. It’s also, I think, the only tin smelter in Latin America, samples are sent there from other countries on the continent for analysis. Why is this important? Because if Bolivia wants to take a notch up, industrializing in some form or other, plants like these are essential. Not having them means being limited, basically, to digging up rocks & pulling them out of the mountains, & selling them as they are. Damn hard work & not a good way to get richer, to progress.

2. The US$17 million annual profit estimation, to be precise E-G, was not made by Glencore’s management (which has been sent home & hasn’t made any comments yet & probably never will..) but by personnel working at the plant. Which, if true, as you say E-G would mean they’re also guilty of tax fraud. Whilst needing to be proven (& unfortunately Glencore’s management have made sure all financial information was removed from the plant before they went home…) for us to be sure, my own reading is that this claim could be plausible (actually Evo has estimated that the plant should be capable of a US$20m annual profit).

3. Glencore have not yet replied to Evo’s invitation to show what they have invested in Vinto (in order to have a chance of having their claim for compensation reviewed). It’s quite possible there was little or no investment. Capacity is at most half of what it should be, & even this is achieved stretching the remaining functional, but somewhat aged (the Vinto plant dates from the 70’s) capital equipment. Let’s wait & see what Glencore says. In the meantime though, Evo has already confirmed a US$10 million investment in the plant, US$20 million he has said would be what is really needed but can’t right now all be earmarked. He’s also promised to keep on all the personnel at the plant. Say what you like but at least Evo is putting his money where his mouth is.

4. Maybe the Vinto nationalization came out of the blue to some of us? Maybe we got scared hearing about the army going into the plant to take it over? Well, we shouldn’t have. Evo had specifically declared, before being elected, that he was intending to nationalize Vinto. Why? Not because he wants to nationalize everything under the sun, but simply because it was well understood by those in the know that the sale had been illicit. It’s an important asset for Bolivia & he wants it back. In the meantime Evo has reassured on numerous occasions (these things don’t get the headlines that a call to nationalization will get) that he won’t nationalize San Cristobal, Mutun etc. There’s a clear distinction being made & it’s between between legitimately acquired & illegitimately acquired assets, it’s not about nationalising as a point of principle or ideology.

5. Evo’s actually after Goni, & any assets he has plundered, more than Glencore. In fact this is one of the arguments you can be sure that the Bolivian government will take against Glencore’s bid for compensation (if things go to court/arbitration, & based on what we know so far I personally think that’s rather unlikely). It was actually the initial “privatisation” of Vinto to Allied Deals (since disappeared) that is suspected of being irregular (there don’t even appear to be any records of the sale with the Bolivian authorities & it certainly wasn’t voted by congress, as it should have been). What happened after that, who did deals with who under whose instructions & knowing what, is still unclear. But it appears quite possible that Glencore will end up having to point their finger only at Goni (they paid his company Comsur US$200 million for Vinto & other mining rights). Glencore didn’t know Vinto was looted by Goni? Okay go & ask Goni to refund you for selling you a motorbike that wasn’t his. Glencore did know? Well, you’re as guilty as he is, we’ll press charges for you for that, for tax evasion & watch out for your other mining assets in Bolivia.

6. In case you’re worried about Glencore, what the loss of Vinto could mean to them, some numbers to give you a perspective. There’s not much available as Glencore is a private company & releases very little financial data but there’s a couple that could be of interest:

2005 turnover: US$91 billion
2005 assets: US$32 billion

Vinto (which Glencore paid US$90 million for) is an insignificant asset to Glencore, about 0,2% of what they have. For Bolivia it’s the only mineral processing plant in the country, the only thing it has to get out of just making holes in the ground.

Looking at the sales, Glencore since being founded in 1974 invoices nine times as much as the whole of Bolivia produces in a year! Now I reckon Glencore are pretty good at their job, other companies would have done less well, but an aside for all those preaching “more of the same” for Bolivia, don’t try anything new, just more IMF etc etc, in 500 years the country can still only produce US$10 billion a year, it has very few assets left (except natural resources which look haven’t brought much wealth so far & aren't going to last for eternity) having privatised the little it had in the way of companies or business assets to pay off debts to the IMF & Company, & Bolivians still get het up that wanting to claim back something that was very probably stolen by one of it’s ex-politicians could be harmful to Bolivia?!?! Get real guys!

Taking back Vinto Bolivia has not only sent out a strong message to other would-be plunderers but has recuperated a strategic asset for Bolivia, translated purely into money terms well it was worth US$140 million at the time of sale, able to produce profits of US$20 million a year, on which it should pay taxes to the state of US$6 million a year (rather than the US$3 million Glencore paid), take a conservative PE ratio of 10 & Bolivia has just got back US$370 million.

Some more passion, some more pride please ladies & gents, in defending Bolivia’s interests, I would say.

Jack

7:45 PM  
Anonymous Anonymous said...

Goni would be a national hero claiming credit for this years budget surplus had it not been for the dot com bubble burst. That is where the money from privitazation went (to the stock market), to pay for an impossibly expensive european sytle social security system that broke the country when the bubble burst. That is the real story. Had Goni been able to ride the stock market storm out he would be a hero now, enjoying the fruits of his labor. The policemen that fought the army that day would be planning their retirement and trips to Iquiqui and Miami had the country held together to til the stock market come back. But is was not to be.

This is Bolivia where irony rules and where zero sum presidents prefers to send send the money men packing on a mule back to Ehgland (see Guano Maldito). Poor Bolivia you have twice killed the goose that layes the golden egg.

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9:02 AM  
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