Semlex faces Belgian trial over DRC passport

A Belgian court has ordered Semlex and other defendants to stand trial on charges of foreign bribery, money laundering, and tax fraud. The case, stemming from the company's contract to produce biometric passports for the Democratic Republic of Congo (DRC) between 2015 and 2025, marks the first time a Belgian company has been referred to a criminal court over alleged foreign bribery.

A coalition of Congolese citizens, supported by the Congo Is Not For Sale coalition, and joined by international human rights organizations including the International Federation for Human Rights (FIDH), the Human Rights League (LDH), UNIS, Transparency International and Transparency International Belgium, brought the case as civil parties. They allege a large-scale corruption scheme centered on the passport contract. For each passport sold for $185, $60 was reportedly diverted to LRPS Ltd, a Dubai-based company believed to be linked to a close associate of former DRC President Joseph Kabila. The scheme allegedly siphoned nearly $60 million.

The civil parties' pursuit of justice

The civil parties commend a nearly nine-year investigation by Belgian authorities. Investigators traced bank transactions, analyzed hundreds of emails and electronic messages, interviewed numerous witnesses and suspects, and carried out letters rogatory in the DRC and the United Arab Emirates. This is one of the most thorough investigations ever conducted in Belgium into allegations of international corruption.

Fred Bauma, a Congolese citizen acting as a civil claimant, stated the core grievance. He said they paid $185 for their passports, before learning from the press that some of that money had allegedly been used to bribe members of the political elite. He stated they have a right to know where their money went and that the trial will finally shed light on the matter.

Jean-Claude Katende, Vice-President of the FIDH and President of the African Association for the Defence of Human Rights (ASADHO), emphasized the need for accountability within the DRC itself. He said it is hoped that this case will also shed light on responsibilities at the Congolese level, which could lead to further legal action in the DRC, so that all those responsible in this case are held to account for their actions before the competent courts.

A test for Belgium's anti-corruption framework

Significance of the court referral

The court referral is a significant test for Belgium's justice system. The country has faced criticism for weak enforcement of laws against foreign bribery, despite its commitments under the OECD Anti-Bribery Convention and the United Nations Convention against Corruption. Transparency International Belgium called the court referral historic, stating it demonstrates that a Belgian company can be held to account for serious alleged acts of corruption committed abroad.

The signatory organizations stress that all defendants are presumed innocent. They hope the trial will establish responsibility and send a clear message that Belgian companies must answer for alleged misconduct overseas.

The civil parties frame the case as fundamentally concerning the rights of the Congolese people. They argue the alleged corruption deprived citizens of public funds and undermined trust. The trial is seen as a mechanism to potentially remedy this violation by establishing facts and assigning legal responsibility. The case proceeds as a landmark examination of international corruption and corporate accountability.