Congolese nationals appeal colonial forced separation case
Publish date: 16 September 2024
Issue Number: 1094
Diary: IBA Legalbrief Africa
Category: General
Five mixed-race women demanding reparations from Belgium after being taken from their mothers in the Congo 70 years ago have taken their fight to a Brussels appeals court. Radio France Internationale reports that they accuse the country of crimes against humanity over a colonial-era practice that saw them taken from their families and placed in institutions. The complaint covers the period 1948-1961 and concerns the practice of placing mixed-race children in religious institutions managed by the Church, but which in fact resulted from a racial policy initiated by the Belgian colonial administration in the Congo. The women – now in their 70s – accuse Belgium of crimes against humanity in their native DRC and are seeking compensation and the recognition of these crimes. The Belgian authorities recognise that between 14 000 and 20 000 children are involved in this case, but, despite their considerable number, their fate has long been ignored. In 2021, the judges rejected the motivation brought by the five plaintiffs, saying: ‘No one can be punished for a crime that did not exist at the time of the alleged facts.’ The women appealed the decision and a new trial is underway.