On
May 30, 2002, the Argentine senate voted to repeal
the 1974 economic subversion law criminalising bad
business decisions and capital flight in an effort
to meet conditions set by the International Monetary
Fund (IMF) for issuing new loans to the debt-ridden
nation. Senate President Juan Carlos Maqueda broke
a 34-34 tie to pass the repeal after weeks of procrastination.
Charges pending under the law against several bankers
– including one currently in jail – will
now be dropped.
Those in support of the removal of the law said other
existing laws were adequate to protect the bankrupt
country against financial crimes. The opposition had
argued that the repeal of the economic subversion
law would see an immediate halt to all investigations,
as well as amnesty and impunity, for the bankers under
prosecution.
Of the many demands made by the IMF for renewed aid
to Argentina, three had generated particular controversy
and resistance from Argentine commentators, politicians
and the public: changes in the bankruptcy law, a repeal
of the law of economic subversion, and demands for
a reduction of state spending in the provinces.
It is feared that these conditions would only deepen
the country’s recession, which is already expected
to shrink the economy by more than 10 percent this
year, increasing an already acute employment problem
and provoking further social unrest. Also the state
remains the biggest employer in many of Argentina’s
poorest provinces, and drastic cuts in provincial
budgets could have a devastating effect. In fact,
during the recent heated legislative debate on the
bankruptcy and economic subversion laws, one legislator,
Alicia Castro, raised the U.S. flag and said, "If
you are going to pass these laws, you might as well
take down the Argentine flag and put this one up instead."
However, Argentine President Eduardo Duhalde, who
began his term with populist rhetoric about creating
jobs and curbing the power of the banks, spoke of
going to the IMF “with lowered head.”
On April 26, Duhalde announced the selection of Roberto
Lavagna, the country’s ambassador to the European
Union and a former trade minister, as his new economic
minister, the sixth to occupy the post in a little
more than a year. Lavagna is known as a champion of
“free market” economic policies and an
advocate of the austerity prescriptions laid down
by the IMF.
The multilateral institution was against the economic
subversion law because it could be used to prosecute
bankers. The law was used by Argentine investigators
to go after banks like Citibank who they claimed had
illegally transferred large amounts of money out of
the country, triggering last year's economic collapse
and wiping out the savings of thousands of middle
and low income people when banks froze their accounts.
Argentina’s Federal Police had begun an investigation
into charges that the US-based Bank of Boston and
Citibank had carried out massive and illegal looting
of deposits from its Argentine branches. According
to the charges made, the banks had organised the loading
of some $26 billion in cash on to trucks that were
taken to the Ezeiza international airport and then
flown to the US just before the then-president Fernando
de la Rua announced the corralito withdrawal restrictions
on December 3, 2001.
The IMF, whose most important member is the US, was
emphatic that the economic subversion law must be
repealed, leading to the heated debate in the Argentine
legislature and the huge public protests across the
country. The change in law is likely to bail out business
and banks accused of playing a role in the veritable
stampede of financial capital from the country at
the end of last year.
Similarly, changes in the bankruptcy law, which have
been approved by Argentina’s legislative bodies,
will facilitate a process known as "cram-down",
which will make it easier for foreign creditor companies
to take over bankrupt national companies, including
the company's capital assets. This has added to a
general fear of loss of national sovereignty. For
a country that once prided itself on being the most
industrialised in the region, there is virtually no
viable national industry left in Argentina, since
only a few public companies have survived the large-scale
privatisation of industry.
Moreover, cutbacks in provincial government spending
that the IMF has prescribed have raised concerns that
this would lead to a loss of an additional 500,000
jobs in an already recession-wracked economy. However,
most provincial governments have already agreed to
the IMF demands, with the notable exception of Governor
Felipe Sola of the province of Buenos Aires, who had
called the IMF’s demands unrealistic. "I
don't know if I can even pay next month’s state
salaries," he has said.
The demand of the IMF clearly showed that it places
the interests of international bankers, even those
involved in criminal activities, above those of Argentine
citizens affected by the financial and economic crisis.
But even this capitulation by the Argentine government
is not likely to bring much relief in terms of improved
prospects for growth and investment if the basic IMF
paradigm continues to be followed.
MORE ON ARGENTINA
CRISIS
June 04, 2002.
[Source: http://www.wsws.org http://argentinanow.tripod.com.ar/news.html
http://www.tehrantimes.com ]
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