Categories
Conflict & disaster Economics

[2949] Misaligned powers, incentives between the federal regulator and state authorities contributed to the 2021 great Malaysian flooding

The government has blamed the recent flooding on once-in-a-hundred-years rainfall. Blames have been assigned to climate change too.

I have never experienced such prolonged rainfall before, and it was an extraordinary experience. Thankfully I did not have to suffer the flooding. Unfortunately, many others did and they were cursed with an incompetent government at the helm that was slow to realize the problem, and slow to act upon it. For a government so used to living the crisis-mode, one would expect they would have some kind of preparedness, or seasoned enough to lead a proper competent response. But no, it was a disastrous handing. Old clueless men and women, they are.

The Environment Minister himself back in October dismissed the talks of big floods, despite the prevailing La Nina phenomenon that brought increased rainfall across the Asia-Pacific region. His dismissal played a deplorable role of lowering down the greater population’s guard. There are several persons in government should be fired for incompetence and negligence—lives were lost, properties damaged—and that particular minister is high in the long list.

But the severe floods across Malaysia has happened much more often than once in a century. Kuala Lumpur alone has had its share of several bad floods. The big one in Kelantan that happened less than 10 years ago. Clearly, there is more to it than just once-in-a-hundred-years rainfall.

And excessive logging is one of those several contributing factors.

Specifically, here, I would like to highlight the regulatory environment relating to logging. The system is flawed and provides excessive incentives leading to widespread environmental disasters that makes the big flooding possible. Instead of remedying the problem of misaligned incentives, the system makes the tragedy of the commons worse.

The two-part systemic flaw

There are two major parts of the systemic flaw: the state controls the issuance of logging permit, while the federal authority leads the environmental policing part. To further complicates matter, the federal regulator regulates peninsular matters only.

The approving authority trumps federal authority due to the current constitutional arrangement, as provided under the Ninth Schedule of the Constitution of Malaysia. The extensive power of the state governments over the forest is further clarified in the National Forestry Act 1984. In short, the federal regulatory body is powerless in the face of state governments.

Furthermore, the state governments, particularly the poorer ones like Pahang, suffers from adverse incentives arising out of the lack of revenue. In Malaysia, tax revenue (income tax and consumption tax are the major ones) is mainly the purview of the federal government and not enough has been returned to the states from the federal level. This insufficient sharing is also a reflection of the low-tax regime Malaysia has: you cannot share if you do not have enough in the first place. It is also a reflection of partisan politics, as Kelantan and Terengganu suffered before.

Given the state’s lack of tax revenue, and insufficient revenue support from the federal government, the states have to resort to other means of generating revenue: among them include monetizing land and the forest. With the goal of supporting state government operations, excessive logging permits are issued.

(In Sabah and Sarawak where the regulator comes under state authority unlike in the 11 states in the Peninsular, arguably the pressure for revenue forces the government to prioritize harvesting over protection. For instance, Sabah recently lifted its state-wide ban on timber exports that was imposed in 2018).

Additionally, many of these states come under the influence of the royal houses, which demand a share of the forest resources. The state government more often than not, would comply. I have a short family history to share here to illustrate the problem of toothless regulation in the face of state rights. An uncle of mine decades ago used to be a forestry officer in a certain large state. He stopped a logging operation linked to the royal house of the state. He ended up being transferred out of the state. The logging operation continued.

Managing the commons

One way to address the flaw and manage the commons better is to take away the states authority over the forest, and have the federal government compensates the state government through large institutional sharing of tax revenue beyond what is provided currently through items like capitation grants. The downside is that, as you can guess it, higher tax burden for everybody on average.

Through this realignment of powers and incentives, the pressures of deforestation through logging could be removed, and the regulatory authority would have stronger powers to preserve the jungle. That will help lessen the chances of big floods recurring (with all else the same).

Categories
Environment Politics & government

[1182] Of the rape of Lojing and the clowns in PAS

Exposé on the rape of Lojing started a finger pointing fest between UMNO and PAS in Kelantan. It was not long before the the state and the federal government started to join the blame game. To a certain extent, given how poor the state is and hence, the lack of resource to protect the natural environment, I am sympathetic of the state. Nevertheless, I am refraining from taking side for I am fully aware that both sides are more interested in looking for brownie points instead of the environment. Yet, I cannot help but ridicule PAS on the way it handles the issue. Instead of engaging in damage control, it makes matter worse for itself, much to the UMNO’s gain.

About a week ago, it was revealed by the minister of the environment Azmi Khalid that the state government — more precisely, the office of the state chief minister (menteri besar; MB) — issued a gag order to the state forestry department on the situation at Lojing. The deputy MB denied the allegation:

KANGAR: The Kelantan government is said to have stopped the state Forestry Department from divulging information on the environmental damage in the Lojing Highlands.

Natural Resources and Environment Minister Datuk Seri Azmi Khalid, who made the claim yesterday, said the gag order had resulted in the ministry not being able to get any information.

“I want the people of Kelantan to know that the Kelantan menteri besar’s office had issued a written directive to the state Forestry Department preventing them from giving any information on the damage in Lojing Highlands.”

Kelantan Deputy Menteri Besar Datuk Ahmad Yakob had earlier denied allegations that the Kelantan government had withheld information about Lojing. [‘Forestry Dept told to keep mum about Lojing’. NST. April 15 2007]

In The Star:

“The statement by the Deputy Menteri Besar that the Kelantan government did not issue such a directive is not true and implies that I have lied. I have written proof as the letter came from the Menteri Besar’s office.

“I urge Datuk Ahmad to retract his statement and check the matter with the Menteri Besar’s office,” he told reporters after closing a handicraft seminar and workshop in Mata Air near here yesterday. [Azmi hits back at Kelantan government over Lojing logging. The Star. April 15 2007]

Later, the deputy MB admitted to the existence of the order after consulting with the MB’s office:

KOTA BARU: Deputy Menteri Besar Datuk Ahmad Yakob made another about-turn yesterday, saying that there had indeed been an order restricting the disclosure of information on forest clearing in the state.

He said the menteri besar’s office had issued a letter dated March 26 to the state forestry director not to divulge details on logging in the state to federal authorities.

[…]

Ahmad, who had denied issuing the gag order, said he was only told about the letter by the menteri besar’s office on Monday. [Deputy MB blames boss. NST. April 18 2007]

In the article, the word another refers to this:

In a sudden about turn, the state government is now claiming that 13,000ha of Lojing Highlands had long been gazetted as a forest reserve.

Deputy Menteri Besar Datuk Ahmad Yakob, contradicting his own statement on Sunday that the government-owned 25,000ha of land in Lojing which had yet to be gazetted under the National Forestry Act 1984, said the 13,000ha had been earmarked as a water catchment area. [Deputy MB’s gaffe over Lojing Highlands claim. NST. April 17 2007]

That means he shot himself in the foot, twice. He should be in a wheelchair now. It is unsure if the shot foot was in his mouth.

Back to the letter, apparently, the letter ordered the forestry department not to divulge information to the public with permission from the chief minister’s office, as clarified by PAS member Husam Musa:

State Public Administration, Economic Planning, Finance and Community Development Committee chairman Datuk Husam Musa said Menteri Besar Datuk Nik Aziz Nik Mat, as a state leader, was “well within his rights” to insist on being kept informed.

He said a letter dated March 27 to the department was in fact not a gag order although it ordered the department director to obtain permission from the menteri besar before releasing any information on land clearing in the state. [State says MB ‘well within his rights’. NST. April 19 2007]

Not a gag order? Really? Further in the same article:

“We have no intention of restricting information or vetting them as we are transparent. But the menteri besar must be informed, otherwise there will be chaos.” [State says MB ‘well within his rights’. NST. April 19 2007]

No intention of restricting information? Transparent? Au contraire!

There is no restriction of information if and only if the state does not restrict information!

And yes, that is a tautology.

Moreover, how does the rationale “menteri besar must be informed” rationalize the restriction of information? Would the MB be uninformed if there was no gag order? Stupid is it not?

Also, despite what had happened:

Its secretary, Takiyuddin Hassan, said the party would hire a consultant who would be accompanied by knowledgeable government officials to inspect the development of hilly terrain in other states.

“We are pushing for total conservation of the environment. We are aiming for it in Kelantan, but can other states follow suit?” he said in an interview. [Look at damage in other states first, says Kelantan. The Star. April 1 2007]

The people from PAS will be better off if they take my advice: slow down and think way, way harder before blurting an opinion.

Categories
Earthly Strip Environment

[1156] Of Earthly Strip: UMNO-PAS the environmental warriors

Upon news of the devastation of Lojing broke out, UMNO Kelantan immediately seizes the opportunity to grab a couple of brownie points by appointing itself as the guardian of the environment:

KOTA BAHARU, March 31 (Bernama) — Kelantan Umno has set up an action committee to check the ecological damage due to excessive logging at Lojing Highlands, which is said to be worse than anticipated and rather complex in nature.

Chairman of the State Umno Liaison Committee Datuk Seri Annuar Musa said Saturday non-governmental organisations were invited to join the committee which would compile data on the damage with information from various agencies. [Umno Forms Committee To Check Damage At Lojing Highlands. Bernama. March 31 2007]

PAS meanwhile declares that the party is “pushing for total conservation of the environment“, despite what is happening in Lojing:

KOTA BARU: Kelantan PAS plans to use a helicopter to conduct aerial inspection of hilly areas in other states to check for environmental damage.

Its secretary, Takiyuddin Hassan, said the party would hire a consultant who would be accompanied by knowledgeable government officials to inspect the development of hilly terrain in other states.

“We are pushing for total conservation of the environment. We are aiming for it in Kelantan, but can other states follow suit?” he said in an interview. [Look at damage in other states first, says Kelantan. The Star. April 1 2007]

Methinks:

Some rights reserved. By Mohd Hafiz Noor Shams