Comprehensive Analysis of Federal and Provincial Mining Policy Conflicts and Challenges to Provincial Autonomy

Preamble.
Following the 18th Constitutional Amendment, Pakistan’s constitution granted provinces complete authority over mineral resources. However, the federal government’s **"Harmonisation Minerals Act 2025"** seeks to undermine this constitutional framework. Drafted under the influence of the **Special Investment Facilitation Council (SIFC)**, this act attempts to centralize control over mineral policies while ignoring provincial consultation.

Key Issues and Conflicts**   

1.Unilateral Federal Policymaking
  - SIFC prepared **three drafts (1, 2, 3)** but entirely disregarded recommendations from provincial mineral departments and mine owners’ communities.  
  - Example: Khyber Pakhtunkhwa’s mine owners proposed measures for **local employment, royalty sharing**, and environmental protection, none of which were reflected in the federal drafts.  

2. Constitutional Violations**  
  - Under the 18th Amendment, **mineral resources belong to provinces** (Constitution of Pakistan, Schedule IV). The federal act violates this principle by promoting centralization.  
  - **Article 172(3)** empowers provinces to issue mining licenses, but the federal act seeks to transfer this authority to SIFC.  

3. Damage to Provincial Economies**  
  - Resource-rich provinces like Khyber Pakhtunkhwa rely on minerals (e.g., coal, marble, phosphate). Federal control would lead to:  
    - Reduced provincial revenue.  
    - Loss of royalties and employment opportunities for local communities.  

4. Exclusion of Stakeholders**  
  - SIFC’s consultative meetings were **tokenistic**. For instance:  
    - Provincial representatives were not given draft copies before meetings.  
    - Insufficient time was provided to submit feedback.  

 5. Culture of Fear**  
  - Government officials and political representatives remain silent due to federal pressure, while protests by mine owners’ communities receive minimal media coverage.  

Recommendations and Demands

1. Immediate Repeal of the Minerals Act 2025**  
  - Provincial assemblies must reject the act until:  
    - All provincial recommendations are incorporated.  
    - Provincial autonomy, as enshrined in the 18th Amendment, is safeguarded.  

 2. **Clarify SIFC’s Role**  
  - SIFC should act as a **facilitator**, not a policymaker.  
  - Provincial representatives (mineral ministers, mine owners’ associations) must be granted voting rights in the council.  

 3. **Provincial-Level Legislation**  
  - The Khyber Pakhtunkhwa Assembly must urgently draft a **Provincial Minerals Policy 2025** that includes:  
    - A 25% royalty quota for local communities.  
    - Strict environmental regulations.  
    - Mandatory direct agreements between foreign companies and the provincial government.  

4. **Public Protests and Media Campaigns**  
  - Mine owners’ communities should organize a **Provincial Autonomy March**.  
  - File a constitutional petition in the Supreme Court.  

*Conclusion* 
The federal government’s move not only blatantly violates the constitution but also jeopardizes the economic future of resource-rich provinces like Khyber Pakhtunkhwa. Provincial leadership must:  
- Oppose the act in the assembly.  
- Build diplomatic pressure against SIFC’s opaque processes.  
- Form alliances with media and civil society to garner public support.  

**By:** Frontier Mine Owners Association Khyber Pakhtunkhwa (FMOAKP)  

*References*
- Constitution of Pakistan, 18th Amendment (2010).  
- Recommendations by the Khyber Pakhtunkhwa Minerals Department (2023-2024).  
- SIFC Drafts No. 1, 2, 3 (2024).  

This draft can be shared with provincial assembly members, media, and legal experts to amplify policy-level pressure.