Belgium’s Colonial Policies are seen as a Crime Against Humanity

This week, the Court of Appeal in Belgium ruled on a significant case brought forward by five women who alleged that Belgium’s colonial policies constituted crimes against humanity.

These five women, all of mixed-race descent and born in the Congo during Belgium’s colonial rule, were forcibly removed from their African mothers and placed in religious institutions. The plaintiffs claimed that their lives were irreparably damaged by a state policy rooted in racial discrimination and systemic abuse.

The case has cast a spotlight on the systematic removal of mixed-race children under Belgian colonial rule, a practice that persisted for decades. The plaintiffs, who now live in Belgium and France, argued that the state must acknowledge its responsibility, compensate them for the harm done, and recognize these actions as crimes against humanity.

Historical context and state policies 

Belgium’s colonial administration in the Congo, Rwanda, and Burundi viewed mixed-race children, or métis, as a threat to its racial hierarchy. The state implemented a policy of identifying, seizing, and institutionalizing these children, often under duress. Mothers resorted to desperate measures to hide their children, such as darkening their skin with wax, but the colonial authorities were unrelenting.

A 1952 law legally empowered the state to remove children from their parents “for any reason whatsoever.” This law, enacted after World War II and the Nuremberg Trials, drew parallels to Nazi policies of child removal, which have been condemned as crimes against humanity. Despite this, the Belgian government has argued that its actions, while regrettable, were not illegal under the standards of the time. 

The legal battle around colonial policies

The case was first heard in 2021, when the Tribunal of First Instance ruled against the plaintiffs, asserting that the actions, though “unacceptable,” did not meet the legal definition of crimes against humanity. The women were ordered to pay €6,000 in legal fees to the state. However, their lawyers, led by Michèle Hirsch, have appealed the decision, presenting new archival evidence that reveals the systematic nature of the policy.

This evidence includes documents demonstrating state complicity in identifying and pursuing mixed-race children, separating them from their families, and placing them in often-neglectful religious institutions. The appeal sought €50,000 in compensation for each plaintiff – a symbolic amount that pointed to the gravity of their suffering.

The Court sides with the plaintiffs

On 2 December 2024, the Court of Appeal in Brussels convicted the Belgian State for the systematic kidnapping of mixed-race children, or métis, in Congo. The Court is thus overturning the judge’s decision from 2021, who found that the case had expired. The five claimants are now being awarded damages for the loss of the bond with their mother and the “negative impact on their identity and the bond with their country of origin”.

Broader implications of Belgium’s colonial policies

This ruling in favor of the plaintiffs marks a pivotal moment in Belgium’s reckoning with its colonial legacy. While the Belgian parliament has recognized the harm done to métis children and issued an official apology in 2019, progress toward meaningful accountability and reparations has been slow. Political deadlock has stalled a comprehensive report on Belgium’s colonial past, leaving many questions unanswered.

The plaintiffs’ lawyer, Hirsch, emphasized that this case is about more than compensation – it is about justice and recognition. For the plaintiffs, an apology alone was insufficient. As one of the women stated, “For a human life, saying sorry isn’t enough. I want the state to assume its responsibility, to recognize [what happened], and make reparation. Because we were destroyed, mentally and physically.”

final thoughts 

The court’s ruling has the potential to set a legal precedent for addressing historical injustices tied to Belgium’s colonial policies. It could pave the way for other survivors and their descendants to seek justice and reparations. Regardless of the outcome, this case serves as a stark reminder of the enduring scars of colonialism and the necessity of confronting uncomfortable truths to move toward reconciliation and healing.

The women challenging the Belgian government are Monique Bitu Bingi, Marie-Jose Losh, Lea Tavares Mujinga, Simone Ngalula, and Noelle Verbeeken.

You may also be interested to read more about King Leopold II’s cruel slave labor regime in the Congo Free State.

Denzil Walton

I created Discovering Belgium in 2011 to share the country’s hidden stories, fascinating places, and remarkable people. Through articles, photography, and audio walks, I share discoveries that reveal Belgium beyond the obvious. Hope you enjoy this site.