Belgian court acknowledges crime against humanity for colonial actions

In a significant legal ruling, a Brussels appeals court confirmed that the Belgian state had committed a crime against humanity concerning five mixed-race women taken from their mothers during Belgium's colonial rule in Congo. These women, who are currently in their 70s and 80s, were taken in their infancy between 1908 and 1960 as part of a systematic policy by Belgian authorities that sought to prevent interracial unions and isolate the so-called 'children of shame.' The plaintiffs had fought a legal battle for six years to obtain recognition and accountability for their suffering, challenging an earlier dismissal by a lower court in 2021. The court’s ruling strongly emphasizes a recognition of Belgium's dark colonial past, particularly in regard to the thousands of mixed-race children forcibly separated from their Black mothers. In this specific case, the initial decision stated that while the actions were unacceptable, they did not constitute a systematic policy of destruction necessary for classifying as a crime against humanity. This ruling, however, overturned that perspective, affirming the plaintiffs’ claims. Furthermore, the state was ordered to pay damages of 50,000 euros to each of the five women, addressing some of their legal costs and recognizing the tremendous emotional and psychological toll these events caused. Monique Fernandes, the daughter of one of the plaintiffs, expressed that the ruling provides closure for her mother, who had lived with the pain of separation for decades. The legal victory arrives amid an ongoing reevaluation of Belgium's colonial policies and their effects, a topic that has garnered increased attention following the global protests against racial inequality. This case is part of a broader movement in Belgium where demands for reassessment of the country's colonial history have grown stronger, leading to a reassessment of memorials and historical narratives. In 2019, the government formally apologized for the state’s role in the forced separations, and for the first time in the nation's history, a reigning monarch expressed regret for the violent actions of the colonial administration. The legacy of King Leopold II, often criticized for his brutal rule, has sparked renewed discussions about historical accountability in Belgium. This recent ruling may serve as a precedent for other cases seeking justice for colonial abuses, making it a significant step toward reconciliation and historical acknowledgment.