Belgium’s Lumumba trial and the long shadow of colonial justice

A Belgian court has ordered former diplomat Etienne Davignon to stand trial over his alleged role in the events leading to Lumumba’s assassination in 1961. More than six decades after the killing of Congo’s first democratically elected prime minister, the ruling marks a rare attempt by a former colonial power to confront its past through criminal law.

Davignon has since appealed the decision to refer him to trial, meaning further legal proceedings will determine whether the case ultimately goes before a criminal court.

The Brussels court’s decision goes beyond earlier legal efforts. Not only could Davignon face war crimes charges related to Lumumba’s detention and transfer, but the scope of the trial has also been expanded to include the killings of Maurice Mpolo and Joseph Okito, executed alongside Lumumba on 17 January 1961.

Prosecutors argue that these acts may constitute grave violations of international law, including unlawful detention, denial of a fair trial, and inhumane treatment.

For decades, Lumumba’s assassination has been widely recognized as a defining crime of the decolonization era. Yet, it remained outside the reach of criminal courts.

”This is not only a legal initiative; it builds on 25 years of efforts”

According to Belgian-Congolese political scientist Nadia Nsayi, this trial should be understood as the latest step in a multi-decade struggle for recognition and accountability: “This is not only a legal initiative; it builds on 25 years of efforts - literary, political, and societal - to correct the historical record and acknowledge Belgium’s role. Books, parliamentary commissions, and community initiatives like Lumumba parks and streets have all contributed to keeping the memory alive. What has been missing until now is the legal framework.”

Nsayi stresses that the trial is crucial for the Lumumba family, but also for the broader Congolese community and Belgium’s relationship with its colonial past:

“For the family, it is a matter of justice. For Congo and the diaspora, it is about recognition that the assassination of a democratically elected leader was not just history: it shaped political and societal dynamics for generations.”

She points out that even if Davignon is not ultimately convicted, the trial itself has symbolic and societal importance, potentially catalyzing broader debates about colonial injustices and restitution.

Colonial violence

This case sits at the intersection of history and international criminal law. Legal representatives for the Lumumba family argue that decolonization was not merely a political transition but also a period governed by legal norms, including the Geneva Conventions.

By framing the events as prosecutable war crimes, the Belgian court is effectively asserting that colonial-era violence is not beyond legal scrutiny.

Nsayi highlights the international dimension: “This trial will not just be followed in Belgium. Lumumba has an international profile; African countries, the United States, and even Russia will pay attention. If Belgium prosecutes responsibly, it may encourage other former colonial powers to address past crimes as well.”

The trial, expected in 2027, will take place 65 years after the assassination. Many of those directly involved are no longer alive, making Davignon the last surviving figure potentially held accountable.

“The very act of the trial forces public attention and creates a record of accountability”

For the Lumumba family (now represented across generations) this delay is itself part of the injustice. Nsayi emphasizes the importance of the process for the family and society alike:

“Even if there is no conviction, the very act of the trial forces public attention, creates a record of accountability, and may open doors to other forms of restitution, from cultural heritage to the naming of public spaces. It creates a legal and societal framework for discussing colonial injustices that goes beyond symbolism.”

The case may have implications far beyond Belgium and the Democratic Republic of the Congo. Nsayi notes: “European countries influence each other. France’s laws on returning cultural artifacts encouraged similar initiatives in Belgium and the Netherlands. A trial against Davignon could similarly set a precedent, not only legally but politically and culturally.”

For the Lumumba family, the court’s decision is not closure. It is the start of a long-awaited reckoning. As Nsayi explains, the trial can catalyze wider societal and international discussions:

“This is part of a broader movement to recognize injustices of decolonization. It may not immediately lead to restitution or political change in Congo, but it strengthens the discourse around justice, accountability, and future cooperation between Belgium and African nations.”

^{The opening of the 'Square Patrice Lumumba' square in Brussels In 2018 © BELGA PHOTO NICOLAS MAETERLINCK}