Sunday, June 26, 2016

Why the War on Mining Will Fail!

Statist Prohibition: The War on Mining

The Duterte regime is an administration based on prohibition.

During the post election period, I deduced that the composition of the cabinet, and not their pronouncements, will determine the incoming administration’s policies:

Understand that cabinet positions signify as heads of the implementing agencies of the government. Hence when the president uses his apparatchiks to execute his political programs, the political path or direction veers toward the leftism. 

Additionally, I wrote of the significance of the Environment and Natural Resources department to the left.

Environment: Land is a key factor of economic production. And this is why the environment position is also critical in as much as it is for the agriculture. The communist aim is for the complete control over resources. This not only secures funding for their programs, it is also designed to ensure logistics and control of production. 

So when Mr Duterte offered anti-mining fanatic and tycoon Ms Gina Lopez the DENR post, such has partly affirmed on my suspicions of the left leaning policy direction of the incoming regime.

It is an example of revealed preferences. Action speaks louder than words.

Yet today’s environmental politics have become a vehicle for socialism in disguise. For instance, Patrick Moore founder of the Greenpeace abdicated from the organization he established because “Greenpeace took a sharp turn to the political left, and began to adopt policies that I could not accept from my scientific perspective.”

A pro-business environment cannot just happen when the cabinet is comprised of members of the red brigade, military bureaucrats, and appendages of cronies. That’s because hardly any of them—based on their experience, interests, network and ideology—has been shaped by free markets.

But they all have a common ground: statism. The difference is on how their different versions of statism should work.

Even worse, because of such divergence, their interests would likely run antithetical to each other. Duterte’s cabinet essentially represents a cauldron or mishmash of internal contradictions. Once operational, the cabinet will likely be filled with tensions from conflicts of interests.

Nevertheless, it is Mr Duterte’s political inclinations that ultimately will matter. Early this June, he reaffirmed or reiterated to deny that he is a communist and instead that he declared that he represents ‘left of center’. Of course he has to reject communism. That’s because the military won’t likely accept a communist leadership. Besides, left of center and communism can signify a wordplay, left of center can also be defined as soft core communism.

One may ask, wouldn’t two heads be better than one? But the quality of diversity matters. Policy decisions from the current makeup of the Duterte cabinet will hardly be about the miscellany of the merits between market economy and interventionism, but rather, it would largely characterize interventionism. Again the stark difference will be that of the essence of redistribution: the beneficiaries and the losers of competing interest groups, as well as its mechanics (how to go about such process)

In short, policy decisions will mostly be about division of spoils: who will gain and who will lose.

From Mr Duterte’s actions, through Ms. Lopez, he has already condemned or blackmailed the mining industry.

Why the War on Mining Will Fail

The stock market’s response to the Lopez appointment represents a typical reaction to the surge in political risks due to perceived policy uncertainty. In particular, this is called regime uncertainty or business apprehensions over property rights. Or distressed business confidence, as explained by Austrian economist Robert Higgs, from “investors’ private property rights in their capital and the income it yields” that “will be attenuated further by government action.” And “such attenuations can arise from many sources, ranging from simple tax-rate increases to the imposition of new kinds of taxes to outright confiscation of private property. Many intermediate threats can arise from various sorts of regulation, for instance, of securities markets, labor markets, and product markets. In any event, the security of private property rights rests not so much on the letter of the law as on the character of the government that enforces, or threatens, presumptive rights1

So in consideration that according to Philippine Republic act no. 79421, “All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State”, this implies that should Ms Lopez impose a ban on mining, all it takes is for her to do is to revoke all the mining claims. And by doing so, such would incite assets of all mining companies to evaporate!

Of course, an outright ban on mining is easier said than done.

Remember, contrary to the fantastically simplistic utopian mindset of billionaire Ms. Lopez, the mining industry is not just statistics or economic or financial numbers. It involves lives of hundreds of thousands of people who survive from it. The government also depends on the industry for its taxes. So an outright ban will have very very very nasty (social stability, economic and political) consequences, something which both Mr Duterte and Ms Lopez will surely live to regret on...if they impose a total ban.

Here are the numbers.
Based on the data from the Mines & Geosciences Bureau in the 1H of 2015 in the formal mining industry there were an estimated 234-235 thousand people employed (2014-1H 2015) and the government also raked in Php 32.27 billion in taxes in 2014 and Php 13.76 billion in 1H of 2015. The sector had a gross production output of Php 204.7 billion in 2014 and Php 108.21 billion in 1H of 2015.

Of course this represents only the formal economy.

The mining sector represents a puny segment of the Philippine economy with a share of 1Q 2016 1.24% and 2015 1.06% (RGDP) or .9% and .8% based on NGDP, and with .2% of total taxes revenues in 2014. And this is the reason why it is being bullied and blackmailed.

And because the Duterte regime believes that the bubble economy will continue to provide them with the necessary tax revenues for their pet boondoggles, they believe that they can exorcise the mining industry of environmental evils through intimidation.

Here is an example. Take a look at this comment: "I will require you to go to Canada or Australia, learn how to mine the precious metals inside the bowels of the earth and do it. Because ... (if) you are spoiling the land, I will cancel it without hesitation." 
 
The overweening Mr Duterte practically believes in fairy tales. He essentially thinks that he can achieve market based performance with socialist repression. Canada and Australia are basically relatively liberal economies even from the mining standpoint. These countries invite investors and promote competition. They do not bully or intimidate them.

His model China has even become the top gold producer in the world. As for China’s role as top gold producer, that’s because the central bank has become its principal buyer!

Once the bubble economy begins to corrode and where prices of metals soar, such industry bullying will come to an end. Ban on mining will transform to welcome back mining!
Of course, another reason why mining won’t likely be totally banned is because the Bangko Sentral ng Pilipinas not only buys gold from the miners (even illegal miners), they get revenues from sales to them!

So I expect the BSP to oppose a total ban.

Of course, a total ban will fail too.

Here is a simple thought exercise.

What happens when hungry people see food in a vacant land in the neighborhood? Will they one, instinctively go and pick the food up? Or two, will they wait for the government’s permission to pick the food up? Or three, just ignore the food?

If your answer is number one, then just replace food with gold or other open pit minerals. This means that people will mine products regardless of what government says. That’s because minerals have value. So when minerals are accessible for mining, the public will mine it. Such is the reason why they become a source of livelihood whether or not the government approves on them.

Meanwhile, number two represents the government’s chimerical position where people should behave as sheep (sheeple)

This is an example of why guerilla mining have proliferated.

In fact, they have represented what the Duterte and Lopez tandem have been bellyaching about. The 2014 slide from the Chamber of Mines shows us that only 2% of the million hectares of mineable properties are covered by permits! And yet these 2% account for as the responsible miners being subjected to political harassment. This reveals that much of the mineable properties are being subject to guerilla mining.

Proof?

This Reuters April 2015 report says that there are about 300,000 small scale or guerilla gold miners.

Small scale miners used to sell to the BSP. Apparently because law of economics say that when one raises the cost of something, one also get less of it. So when the BSP increased taxes (excise and withholding) such led to vastly reduced sales and output. And the alternative response by the informal economy has been to increase smuggling!

"Smuggling activity could still be prevalent," he said, adding many small-scale miners also operate without proper permits. By law, all gold produced by small-scale miners must be sold to the Philippine central bank.

Data from the MGB showed gold sold by small-scale miners and traders to the central bank in 2014 was worth only 180 million pesos ($4 million) based on current foreign exchange rates, compared with $25 million in 2013, $47 million in 2012, $764 million in 2011 and $962 million in 2010.

"Gold production (by small miners) in 2014 was about 18 tonnes, down from about 30 tonnes before the BIR started collecting taxes from small miners," Jasareno said, referring to the Bureau of Internal Revenue, which in 2012 ordered the imposition of a 2-percent excise tax and 5-percent withholding tax on gold purchases

See what higher taxes can do?

That’s economics at work.

Of course, part of the reason why output has collapsed can also traced to the recent bear market 2012-2015 of gold prices.


I believe that with NIRP central bank policies in place, such bear market in gold HAS ENDED.

But the increase in smuggling activities simply means going around higher costs of doing business.

So to apply total ban on mining simply means to induce a shift in mining activities to the underground. And such shift would translate to magnifying the risks to the environment.

I don’t think that Mr. Duterte’s cooperatives will work too. Reason? Mining is a capital and technology intensive industry. Just where will cooperatives get funds and expertise? From the government?

Cooperatives will only mean corruption, inefficient mining and aggravation of the despoliation of the environment.

And mining won’t be stopped no matter how the government prohibits it. That’s even if they shoot to kill the population involved in them. If they resort to the latter, then expect a civil war.

Instead, the more practical direction is that mining will again serve as another aspect of the regime’s division of spoils. Mining will become a haven for Duterte cronies.

Perhaps one may expect that the Lopez group and their allies or network, will not only become media friendly to the Duterte regime, they may become eventual mining magnates.

Sorry MVP, Mr Duterte says you are out. But the Lopez Group is in!

The nice part about policymaking is that errors in policy judgements have no consequence for policymakers. Yet the bigger the error, the mechanical response has always been to double down. More of the same is needed!

Yet if death penalty should be re-imposed then this should first be applied to them. Policy errors affect, not just one or a few people, but millions.



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