Calls for constitutional amendment stir debate over provincial autonomy

A general view of the Parliament building in Islamabad, Pakistan January 22, 2020. (Arab News photo)
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Updated 01 May 2020
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Calls for constitutional amendment stir debate over provincial autonomy

  • 18th amendment passed in 2010 granted financial and legislative autonomy to provinces
  • Under the amendment, federation is bound to accept provincial ownership of natural resources

ISLAMABAD: The government is weighing options to review a constitutional amendment, which a decade ago granted greater autonomy to provinces.
The 18th Amendment to the Constitution of Pakistan was passed by the National Assembly in 2010, supported by the Pakistan Muslim League-Nawaz (PML-N) and Pakistan People’s Party (PPP).
While it primarily turned Pakistan into a parliamentary republic and removed the power of the president to dissolve the parliament, the amendment also devolved 18 federal ministries to the provinces. It also removed a ban on prime minister serving more than two terms, clearing the way for PML-N chief Nawaz Sharif to take office for a third time in 2013.
Amendment to the amendment has been discussed several times since Prime Minister Imran Khan's party, Pakistan Tehreek-e-Insaf (PTI) came into power in 2018, attracting criticism from the opposition, especially PML-N and PPP. 
In its resolve to review the amendment, the ruling party cites the need to fix several flaws and restore federal authority over legislation and financial matters.
"The amendment was a major step towards provincial autonomy in Pakistan, but some flaws have also surfaced in it with the passage of time, which need to be fixed," Minister of State for Parliamentary Affairs Ali Muhammad Khan told Arab News in an interview on Wednesday.
He said that while the government strongly believes in provincial autonomy and would not infringe upon provincial rights, it wants "to improve the 18th amendment in consultation with all parliamentary parties."
He said the federation’s authority over legislation and financial matters has been significantly reduced, as provinces are now autonomous to legislate over subjects such as education and health. "This is problematic in many ways … coordination issues (with provinces) have also come up during coronavirus pandemic," he said.
Meanwhile, opposition parties demand that the amendment be first fully implemented before the government starts negotiations to fix it.
"These are the tactics to distract media and public from real issues," Taj Haider, a senior PPP leader, told Arab News.
He said the federation under the amendment was bound to accept provincial ownership over natural resources and hand over 50 percent of its revenue to the relevant province, but the clause has not been implemented.
"The center is denying us (Sindh province) over Rs200 billion annually in our due share of earnings through natural gas and petroleum products," Haider said.
According to PML-N chairman Raja Zafarul Haq the debate is "untimely and useless." He said, "We should move forward instead of looking back into the history." 
"The government should first tell us the flaws in the amendment, and then we will decide what to do," Haq said, adding that his party would look into the issue if the government brings in on in parliament.
Independent experts, however, argue that federal concerns over revenue distribution could be genuine as the center is left with little resources to meet its expenses. Provinces get their share from taxes collected by the government by the Federal Board of Revenue (FBR). In the fiscal year 2011-12, it was increased from 46.5 percent to 57.5 percent, affecting federal development and defense expenditure.
"There is no harm in reviewing the amendment through a democratic process," Ahmed Bilal Mehboob, president of Pakistan Institute of Legislative Development and Transparency (PILDAT), told Arab News. "Constitution is a living document and can be amended anytime, but this should be after thorough debate in the parliament."
The ruling party lacks the necessary two-third majority in both the National Assembly and Senate to amend the 18th amendment on its own.


11 killed, at least 60 missing after huge Karachi shopping plaza blaze

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11 killed, at least 60 missing after huge Karachi shopping plaza blaze

  • Videos showed flames rising as firefighters labored through Sunday night to stop fire that started on Saturday 
  • Firefighters said lack of ventilation in the ‌mall caused the building to ‌fill ⁠with ​smoke ‌and slowed rescue efforts

ISLAMABAD: The provincial government of Sindh has ordered an official inquiry after a fire at a major shopping plaza in the port city of Karachi killed 11 people and destroyed more than 1,200 shops, officials said on Monday, dealing a severe blow to one of the city’s busiest commercial districts.

The blaze broke out late Saturday at Gul Plaza in Karachi’s Saddar business area and spread rapidly through multiple floors, according to emergency officials. Firefighters battled flames for hours to bring the fire under control, which was still blazing late into Sunday night.

Deadly fires in commercial buildings are a recurring problem in Karachi, a city of more than 20 million people, where overcrowding, outdated infrastructure and weak enforcement of fire safety regulations have repeatedly resulted in mass casualties and economic losses.

“Karachi fire death toll rises to 11,” said Chief Police Surgeon for Karachi Dr. Summaiya Syed Tariq.

“The fire has been extinguished but light smoke is still rising and the recovery of bodies has now begun,” says Muhamamd Amin, an official of Edhi present on the spot.

Taking notice of the incident, Chief Minister Murad Ali Shah on Sunday evening directed the Karachi commissioner to launch an immediate inquiry and examine whether safety failures or regulatory lapses contributed to the scale of the disaster.

“Fire safety arrangements in the building must be checked, and strict action should be taken against those responsible if negligence or carelessness is proven,” Shah said in a statement.

The cause of the fire has not yet been determined. Police said a formal investigation would begin once firefighting operations were fully completed.

Officials briefed the chief minister that more than 1,200 shops were gutted in the fire, wiping out inventories and investments built over decades.

Firefighting operations managed to bring 60 to 70 percent of the blaze under control, while rescue and cooling operations continued well into Sunday. One firefighter was among the six who died.

Speaking to reporters later on Sunday, Shah provided new details on the scale and timeline of the emergency response, saying municipal authorities acted within minutes of receiving the alert.

“The first fire tender reached the site at 10:27 p.m. and firefighting operations began immediately,” the chief minister said, adding that at least 26 fire tenders, four snorkel vehicles and 10 water bowzers were deployed, with additional support provided by the Pakistan Navy and the Civil Aviation Authority.

Shah said preliminary information indicated that 58 to 60 people were initially reported missing after the blaze, though rescue and cooling operations were still underway and authorities were continuing to verify the figures. He added that the fire occurred during the peak wedding shopping season, compounding losses for traders and shoppers in the area.

He said the intensity of the blaze and limited access points inside the building made it difficult for firefighters to enter quickly, contributing to the scale of damage.

$10 MILLION LOSSES

The fire tragedy has also triggered urgent concern within Karachi’s business community.

The Karachi Chamber of Commerce and Industry (KCCI) announced the formation of a dedicated committee to coordinate relief efforts, document losses and press the government for compensation and rehabilitation of affected traders.

KCCI said preliminary assessments showed that over 1,000 small and medium-sized businesses had been completely destroyed, leaving many families without income. The chamber appealed to both provincial and federal authorities to announce a special compensation package, citing precedents such as the 2009 Bolton Market arson, after which funds were approved to rebuild fire-hit markets and compensate nearly 2,000 affectees.

Ateeq Mir, a traders’ representative, estimated that losses to businesses from the fire would be over $10 million. 

“There is no compensation for life but we will try our best that the small businessmen that have encountered losses here, we will try in a transparent manner … to compensate their losses,” Chief Minister Shah told reporters.

Separately, Prime Minister Shehbaz Sharif held a telephone conversation with Shah on Sunday evening, the premier’s office said, to offer full federal support to provincial authorities.

Sharif said a “coordinated and effective system is essential” to control fires quickly in densely populated urban areas and stressed the need for stronger preventive mechanisms to avert similar tragedies in the future. He said the federal government was prepared to work with provincial authorities to help establish an integrated fire-response and safety framework, adding that Islamabad stood with the affected families and the Sindh government during the crisis.

Battling large fires in Karachi’s dense commercial districts is notoriously difficult, reflecting a mix of urban congestion, weak regulation, and chronic enforcement failures. Many markets and plazas are built with narrow access points, encroachments and illegal extensions that block fire tenders and delay rescue operations, while buildings often lack functional fire exits, sprinklers or alarm systems. 

Although safety regulations exist on paper, inspections are sporadic, and penalties rarely enforced, allowing hazardous electrical wiring, overloaded circuits and flammable materials to go unchecked. In such tightly packed areas, fires can spread rapidly from shop to shop and floor to floor, leaving firefighters little room to maneuver and sharply increasing the risk to both occupants and emergency crews.