The leadership of Nigeria Labour Congress (NLC) on Tuesday
threatened to picket the headquarters of Nigerian Communication
Commission (NCC) for failing to take decisive action against erring
telecommunication companies.
Ayuba Wabba, NLC President who stated this via a letter
dated 24th July, 2018 sent to Secretary to the Government of the
Federation (SGF), gave vivid account of the rationale behind the
continued picketing of MTN nationwide.
“Yet we have a regulatory agency, NCC, which is
statutorily charged with the dual role of creating an enabling
environment for business operations as well as protecting consumers and
workers. It is perfidious that NCC sees its role only as that of
protecting the telecom infrastructure, even though none of them came
under threat as alleged by MTN during our peaceful picket.
“The rush by NCC to report NLC to the Office of the
National Security Adviser (ONSA) is both hypocritical and suspect. But
we do know who plays the piper, dictates the tune. NCC did not see
anything wrong with hosting critical data outside Nigeria or with
continual loss of jobs by Nigerians in spite of the unspeakable money
made and repatriated by telecom operators.
“We insist that companies, no matter how rich or
powerful must respect our leaders, and obey the laws of the land. We
insist they must treat Nigerians fairly and decently, for, clearly,
Nigerian workers, nay, Nigerians have been at the receiving end of the
bad behavior of some transnationals in the telecom sector. Enough is
enough.”
According to the NLC President, some of the telecom
companies operating in Nigeria were indicted by the Inter-Ministerial
Committee set up by the Ministry of Communications in 2017 to
investigate allegations of breach of Local Content and Labour Laws by
some ICT Companies in its report.
“The Guidelines for Nigerian Content Development in ICT
issued by NITDA under the NITDA Act 2007 which came into effect in 2013,
require the companies to provide a local content development plan for
the creation of jobs, recruitment of local engineers, human capital
development and value creation for the local ecosystem. In addition, the
Guidelines require the multinational Telecom companies to use
local/indigenous companies to build out cell sites, towers and base
stations and ensure that at least 50% of the value of such sites, towers
and stations are locally sourced.
“In section 8 the Guidelines provide that the companies
use Nigerian companies for the provision of at least 60% of all Value
Added Services on their network within the first two years of operation
or within the first two years of the coming into effect of these
guidelines and 80% within three years
of the coming into effect of these guidelines. They must also ensure
that such companies are creating at least 50% of the value of services
provided locally.
“Further the guidelines prescribe in Section 12(1)(4),
that all subscriber and consumer data must be hosted locally within
Nigeria.
“The Committee adverted its mind to sanctions in the Act
which state inter alia that where a person or body corporate fails to
comply with the guidelines and standards prescribed by the Agency
(NITDA) in the discharge of its duties under this Act, such person or
body corporate commits an offence which/who on conviction is liable to a
fine of N200,000 or imprisonment for a term of one year or to both such
fine or imprisonment for the first offence, and for a second and
subsequent offences to a fine of N500,000 or to imprisonment for a term
of 3 years or to both such fine and imprisonment.”
The NLC chief in the letter accused MTN of failing to
allow Nigerian workers to exercise their rights at work place to freely
associate, and hold an opinion as guaranteed by the 1999 Constitution,
the Labour Laws and Conventions 87 and 98 of the ILO instead of
resorting to cheap blackmail.
“MTN Nigeria since it commenced operations in Nigeria,
in clear violation of extant national and international labour laws,
especially ILO Conventions 87 and 98 has denied its workers their
fundamental rights at work which Nigeria ratified since 1960.
“It similarly engages in other anti-labour practices
such as casualisation for nearly all types of work, fixed- term contract
work for Nigerian workers, worst forms of precarious work, etc.
“It is on record that the Nigeria Labour Congress on
several occasions protested to the MTN and government about these
unwholesome practices without a reasonable response.
“October 7th
last year during the World Decent Work Day marked a watershed in these
protests as NLC briefly picketed their Maitama office, Abuja.
“In response to this action of the Congress, MTN reached
out to NECA (Nigerian Employers Consultative Association) which
brokered a meeting.
“However, due to inexplicable reasons, MTN opted out of the negotiations to the chagrin and embarrassment of NECA.
“Thereafter every effort by NECA and NLC to get MTN to
the negotiating table failed. Frustrated, NECA pulled out of the
negotiations.
“Subsequent efforts by the Congress yielded no response
either. Left with no other choice, the Congress served MTN notice of a
picket in line with the provisions of the law. This action commenced
across the country from Monday, July 9, to Wednesday, July 11, 2018.
“In prosecuting this picket, our members were peaceful
and orderly. Contrary to insinuations by MTN, we destroyed neither
property nor hurt anyone as that was not our objective.
We are responsible workers and we are alive to our duties and responsibilities,” he said.
Wabba added that the Committee also indicted the telecom
companies of abuse of expatriate quota, disengaging local staff to
replace them with expatriates, unjustified shipping out of local jobs as
well as hosting of subscribers data outside Nigeria could be construed
to mean breach of local content guidelines.
“The Committee noted that none of the companies
interacted with submitted any local content plan to NITDA for the
creation of jobs, recruitment of local engineers, human capital
development and value creation for the local ecosystem or to NITDA/NCC
for their platforms and products as part of requirements for
registration within Nigeria and prequalification for any project to be
carried out with any MDA. All the companies are this in breach of the
local content Guidelines from that perspective,” the letter read.
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