Peru's selective default: A stain on its creditworthiness

Porzecanski, Arturo C. (2016): Peru's selective default: A stain on its creditworthiness.

Abstract

In the 1970s, while a leftist military dictatorship ruled Peru, more than 22 million acres of cultivated or grazing farmland -- one-third of Peru’s total agricultural acreage -- were expropriated from thousands of large owners as part of a property reform intended to benefit up to 400,000 landless peasant families. The compensation provided to landowners was miserly, however: on average, it was less than one-tenth the then-prevailing market price of water-accessible, cultivated land. Moreover, about 85 percent of total recognized land values were settled not in cash but with long-term Agrarian Debt Bonds, which committed future governments to honor fixed coupons on obligations maturing in 20 to 30 years. These bonds became worthless during the 1980s, however, because hyperinflation raged and the Peruvian currency lost most of its value. In the wake of the filing of hundreds of lawsuits seeking judicial redress, in 2001 the country’s Constitutional Tribunal ruled that the government should resume payment of the land-reform debt after updating its nominal value on an actuarial basis. And yet, successive administrations did not act on this ruling, despite the fact that since the mid-1990s Peru has exhibited vigorous economic growth, significantly strengthened public finances, and substantially improved creditworthiness, such that governments have had more than the necessary ample fiscal resources to redeem the land-reform bonds at their full, original value. This paper examines the evidence and concludes that we are in the presence of a case of blatant unwillingness to pay, one which undermines Peru’s claim to be a nation that is creditworthy, investor-friendly, and respectful of the rule of law.

• Item Type: MPRA Paper
• Language: English
• Keywords: Peru, Latin America, default, debt, sovereign, litigation, land reform, credit rating
• Subjects: D - Microeconomics > D2 - Production and Organizations > D23 - Organizational Behavior ; Transaction Costs ; Property Rights; E - Macroeconomics and Monetary Economics > E6 - Macroeconomic Policy, Macroeconomic Aspects of Public Finance, and General Outlook; F - International Economics > F3 - International Finance > F34 - International Lending and Debt Problems; F - International Economics > F5 - International Relations, National Security, and International Political Economy > F51 - International Conflicts ; Negotiations ; Sanctions; F - International Economics > F6 - Economic Impacts of Globalization > F65 - Finance; H - Public Economics > H6 - National Budget, Deficit, and Debt > H63 - Debt ; Debt Management ; Sovereign Debt; K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior; N - Economic History > N2 - Financial Markets and Institutions > N26 - Latin America ; Caribbean; Q - Agricultural and Natural Resource Economics ; Environmental and Ecological Economics > Q1 - Agriculture > Q15 - Land Ownership and Tenure ; Land Reform ; Land Use ; Irrigation ; Agriculture and Environment

References

José María Caballero and Elena Álvarez, Aspectos Cuantitativos de la Reforma Agraria, 1969-1979 (Lima: Instituto de Estudios Peruanos, 1980.

Colin Harding, “Land Reform and Social Conflict in Peru,” in The Peruvian Experiment: Continuity and Change Under Military Rule, ed. by Abraham F. Lowenthal (Princeton, NJ: Princeton Univ. Press, 1975).

Estudio Echecopar-Baker & McKenzie, Doing Business in Peru: 2014.

Allison Holland and Christian Mulder, “Can Indexed Debt Absolve Original Sin? The Role of Inflation-indexed Debt in Developing Local Currency Markets,” in Financial Dollarization: The Policy Agenda, ed. by Adrián Armas, Eduardo Levy Yeyati, and Alain Ize (Washington: IMF, 2006).

Udaibir S. Das, Michael G. Papaioannou and Christoph Trebesch, “Sovereign Debt Restructurings 1950-2010: Literature Survey, Data, and Stylized Facts,” IMF Working Paper No. 12/203, August 2012.

Manuel Monteagudo, “Peru’s Experience in Sovereign Debt Management and Litigation: Some Lessons for the Legal Approach to Sovereign Indebtedness,” Law and Contemporary Problems, Fall 2010.

lsmael Benavides, Cesar Penaranda and Carlos Adrianzen, “Sobre los Costos y Beneficios del Saneamiento del Default de la Deuda Agraria Peruana,” February 17, 2015.

John C. Coffee, Jr., “Legal Opinion on disclosures that were set forth in prospectuses filed by the Republic of Peru with the U.S. Securities and Exchange Commission,” January 11, 2016.

Standard & Poor’s, “Supplementary Analysis: Republic of Peru,” September 30, 2015.

Moody’s Investors Service, “Government of Peru: FAQ on Peru’s Bonos de la Deuda Agraria,” December 18, 2015.