To:
His Excellency, the Minister of Employment and Labour
Ministry of Employment and Labour
Democratic Republic of Congo
Kinshasa
Your Excellency,
The African Regional Organisation of the International Trade Union Confederation (ITUC-Africa www.ituc-africa.org), representing 18 million workers in 52 African countries, including the DRC, respectfully brings to your urgent attention the unfair and unlawful dismissal of Comrade Angèle Bamboyo Ngoy, Deputy Union Delegate of the National Trade Union of RTNC/Development (Délégation Syndicale RTNC2/Développement).
Our information, based on documentation from our affiliate, the Confédération Syndicale du Congo (CSC), indicates that:
6. Comrade Bamboyo, an employee of the Radio-Télévision Nationale Congolaise (RTNC), was suspended without due process following a broadcast dated 15 May 2025 concerning alleged mismanagement of contributions during Women’s Month activities in March 2021.
7. By Decision N°22/MET/IGT/DP-KIN/023/TT-PMM/2025 of 8 August 2025, the Provincial Labour Inspector rejected the request for dismissal due to procedural violations.
8. Despite this ruling, the RTNC Board proceeded with a dismissal under another pretext — “licensing with prior notice” — through Decision N°DCA 473/2025 dated 27 July 2025.
9. Criminal proceedings have been initiated, yet Comrade Bamboyo was granted provisional release on 16 June 2025 with bail set at 2,500,000 FC, demonstrating the preliminary and unproven nature of the allegations.
10. The dismissal proceeded while judicial processes remain ongoing, violating the principle of presumption of innocence.
According to the Provincial Labour Inspector’s Decision N°22/MET/IGT/DP-KIN/023/TT-PMM/2025, the RTNC failed to convene a mandatory consultation meeting between the employer, union delegation, and the union affiliated with the employee before dismissal (Article 25, paragraphs 1 and 2 of the RTNC Collective Convention).
The employer failed to attach the conclusions of the concertation file submitted to the Labour Inspector. The request for dismissal did not strictly adhere to the conditions and forms outlined in the RTNC Collective Convention. Furthermore, there were contradictory investigative findings dated August 8, 2025.
The dismissal was executed while criminal proceedings are still ongoing and before any conviction has been established, violating the fundamental principle of the presumption of innocence. The granting of provisional release indicates that the courts did not find sufficient grounds for detention; however, the employer proceeded with the dismissal.
The dismissal of Comrade Bamboyo Ngoy appears to be directly linked to her role as a union delegate, constituting anti-union discrimination prohibited under ILO Convention 98 on the Right to Organise and Collective Bargaining, which the DRC has ratified.
In view of these concerns, ITUC-Africa respectfully urges the Government to:
8. Launch an immediate inquiry into the circumstances surrounding the dismissal of Comrade Angèle Bamboyo Ngoy and ensure full compliance with labour laws and due process.
9. Order the immediate reinstatement of Comrade Bamboyo Ngoy to her position with full payment of back wages and benefits, and guarantee her protection from any further retaliation.
10. Nullify all decisions and actions taken in disregard of the Labour Inspector’s ruling.
11. Ensure RTNC complies with labour legislation, the collective convention, and administrative authority decisions.
12. Guarantee the independence and protection of trade union representatives in accordance with ILO Conventions 87 (Freedom of Association) and 98 (Right to Organise and Collective Bargaining).
13. Conduct a comprehensive review of the allegations against Comrade Bamboyo Ngoy through fair, transparent, and independent procedures that respect her right to defense and presumption of innocence.
14. Ensure that any ongoing judicial processes adhere strictly to due process and are not used as tools of intimidation.
Your Excellency,
This case represents not only an injustice against one worker but a serious threat to trade union liberties and the rule of law in the Democratic Republic of Congo. Ensuring respect for labour institutions and due process is essential to maintaining industrial peace, democratic governance, and the credibility of national and international commitments.
ITUC-Africa trusts that your high office will act swiftly to restore justice and uphold the dignity of workers’ rights.
Please accept, Your Excellency, the assurances of our highest consideration.
Signed
Akhator Joel ODIGIE
General Secretary, ITUC-Africa
CC:
• His Excellency, Minister of Communication, Media, and Government Spokesperson
• Inspector General of Labour
• President of the Board of Directors, RTNC
• Director General, RTNC