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Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance : resolution / adopted by the General Assembly
3 January 2023
22-28921 (E) 060123
*2228921*
Seventy-seventh session
Agenda item 66 (a)
Elimination of racism, racial discrimination, xenophobia and related intolerance: elimination of racism, racial discrimination, xenophobia and related intolerance
[on the report of the Third Committee (A/77/461, para. 31)]
77/204. Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance
The General Assembly,
Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, 1 the International Covenant on Civil and Political Rights, 2 the International Convention on the Elimination of All Forms of Racial Discrimination 3 and other relevant human rights instruments,
Recalling the provisions of Commission on Human Rights resolutions 2004/16 of 16 April 2004 4 and 2005/5 of 14 April 2005 5 and relevant Human Rights Council resolutions, in particular resolutions 7/34 of 28 March 2008,6 18/15 of 29 September 2011 7 and 21/33 of 28 September 2012, 8 as well as General Assembly resolutions 60/143 of 16 December 2005, 61/147 of 19 December 2006, 62/142 of 18 December 2007, 63/162 of 18 December 2008, 64/147 of 18 December 2009, 65/199 of
21 December 2010, 66/143 of 19 December 2011, 67/154 of 20 December 2012,
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1 Resolution 217 A (III).
2 See resolution 2200 A (XXI), annex.
3 United Nations, Treaty Series, vol. 660, No. 9464.
4 See Official Records of the Economic and Social Council, 2004, Supplement No. 3 (E/2004/23), chap. II, sect. A.
5 Ibid., 2005, Supplement No. 3 and corrigenda (E/2005/23, E/2005/23/Corr.1 and E/2005/23/Corr.2), chap. II, sect. A.
6 See Official Records of the General Assembly, Sixty-third Session, Supplement No. 53 (A/63/53), chap. II.
7 Ibid., Sixty-sixth Session, Supplement No. 53A and corrigendum (A/66/53/Add.1 and A/66/53/Add.1/ Corr.1), chap. II.
8 Ibid., Sixty-seventh Session, Supplement No. 53A (A/67/53/Add.1), chap. II.
68/150 of 18 December 2013, 69/160 of 18 December 2014, 70/139 of 17 December 2015, 71/179 of 19 December 2016, 72/156 of 19 December 2017, 73/157 of 17 De-cember 2018, 74/136 of 18 December 2019, 75/169 of 16 December 2020 and 76 / 149 of 16 December 2021 on this issue, and its resolutions 61/149 of 19 December 2006, 62/220 of 22 December 2007, 63/242 of 24 December 2008, 64/148 of 18 De-cember 2009, 65/240 of 24 December 2010, 66/144 of 19 December 2011, 67/155 of 20 December 2012, 68/151 of 18 December 2013, 69/162 of 18 December 2014, 70/140 of 17 December 2015, 71/181 of 19 December 2016, 72/157 of 19 December 2017, 73/262 of 22 December 2018, 74/137 of 18 December 2019, 75/237 of 31 De-cember 2020 and 76/226 of 24 December 2021, entitled “A global call for concrete action for the elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action”,
Acknowledging other important initiatives of the General Assembly aimed at raising awareness about the suffering of victims of racism,racial discrimin ation, xenophobia and related intolerance and forms of discrimination, including in the historical perspective, in particular regarding commemoration of the victims of slavery and the transatlantic slave trade,
Recalling the Charter of the Nuremberg Tribunal, and the Judgment of the Tribunal which recognized as criminal, inter alia, the SS organization and its integral parts, in-cluding the Waffen SS, through its officially accepted members implicated in or with knowledge of the commission of war crimes and crimes against humanity connected with the Second World War, as well as other relevant provisions of the Charter and the Judgment, Mindful of the horrors of the Second World War, and stressing in this regard that the victory over Nazism in the Second World War contributed to the establishment of the conditions for the creation of the United Nations, designed to prevent future wars and save succeeding generations from the scourge of war,
Noting that neo-Nazism is more than just the glorification of a past movement, it is a contemporary phenomenon with strong vested interests in racial inequality and an investment in gaining broad support for its false claims of racial superiority,
Recalling the relevant provisions of the Durban Declaration and Programme of Action adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance on 8 September 2001,9 in particular paragraph 2 of the Declaration and paragraphs 84 to 86 of the Programme of Action, as well as the relevant provisions of the outcome document of the Durban Review Conference of 24 April 2009,10 in particular paragraphs 11, 13 and 54,
Alarmed at the spread in many parts of the world of various extremist political par-ties, movements,ideologies and groups of a racist or xenophobic character, including neo-Nazis and skinhead groups,and at the fact that this trend has resulted in the im-plementation of discriminatory measures and policies at the l ocal or national level,
Noting with concern that,even where neo-Nazis or extremists do not formally partici- pate in government, the presence therein of extreme right-wing ideologues can have the effect of injecting into governance and political discourse the same ideologies that make neo-Nazism and extremism so dangerous,
Alarmed at music lyrics and video games that advocate racial hatred and incite discrimination, hostility or violence,
9 See A/CONF.189/12 and A/CONF.189/12/Corr.1, chap. I.
10 See A/CONF.211/8, chap. I.
Concerned by the use of Internet platforms by groups that advocate hatred to plan, fundraise and circulate information about public events aimed at promoting racism, xenophobia and related intolerance, such as rallies, demonstrations and acts of violence,
Mindful of the role that the Internet can play in promoting equality, inclusion and non-discrimination as part of strengthening democracy and respect for human rights,
Seriously concerned that neo-Nazi groups, as well as other groups and individuals espousing ideologies of hatred, have increasingly targeted susceptible individuals, mainly children and youth, by means of specifically tailored websites with the aim of their indoctrination and recruitment,
Deeply concerned by all recent manifestations of violence and terrorism incited by violent nationalism, racism, antisemitism, discrimination based on religion, belief or origin, including Islamophobia, Christianophobia and Afrophobia, xenophobia and related intolerance, including during sports events,
Recognizing with deep concern the continued alarming increase in instances of dis-crimination, intolerance and extremist violence motivated by antisemitism, religion or belief, including Islamophobia and Christianophobia, and prejudices against persons of other ethnic origins, religions and beliefs,
Underlining the existing lack of uniformity of norms regarding protected speech and expression and prohibited racial discrimination and advocacy of national, racial or religious hatred that constitutes incitement to discri mination, hostility or violence,
Noting with concern, in this regard,that the variation in national standards prohibiting hate speech may provide safe havens for neo-Nazi, extremist, violent nationalist, xe-nophobic or racist speech owing to the fact that many neo-Nazi and relevant extre-mist groups of a racist or xenophobic character operate transnationally by relying on Internet service providers or social media platforms,
Stressing that the purpose of addressing hate speech is not to limit or prohibit free-dom of speech, but to prevent incitement to discrimination and violence, which shall be prohibited by law,
Expressing its concern about the use of digital technologies by extremist and hate groups, including neo-Nazi groups, to disseminate their ideology, while recognizing that digital technologies are of great importance for the enjoyment of human rights and for combating racism, racial discrimination, xenophobia and related intolerance,
1. Reaffirms the relevant provisions of the Durban Declaration and of the outcome document of the Durban Review Conference, in which States condemned the persis-tence and resurgence of neo-Nazism, neo-Fascism and violent nationalist ideologies based on racial and national prejudice and stated that those phenomena could never be justified in any instance or in any circumstances;
2. Recalls the provisions of the Durban Declaration and of the outcome document of the Durban Review Conference, in which States recognized the positive contribution that the exercise of the right to freedom of expression, in particular by the media and new technologies, including the Internet, and full respect for the freedom to seek, receive and impart information can make to the fight against racism, racial discrimination, xenophobia and related intolerance;
3. Takes note of the report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, prepared in accordance with the request contained in its resolution 76/149;11
4. Notes with alarm that the Russian Federation has sought to justify its territorial aggression against Ukraine on the purported basis of eliminating neo-Nazism, and underlines that the pretextual use of neo-Nazism to justify territorial aggression seriously undermines genuine attempts to combat neo-Nazism;
5. Expresses its appreciation to the United Nations High Commissioner for Human Rights and the Office of the United Nations High Commissioner for Human Rights for their efforts to fight racism, racial discrimination, xenophobia and related intolerance, including the maintenance by the Office of the High Commissioner of the database on practical means to combat racism, racial discrimination, xenophobia and related intolerance;
6. Expresses deep concern about the glorification,in any form,of the Nazi movement, neo-Nazism and former members of the Waffen SS organization, including by erec-ting monuments and memorials, holding public demonstrations in the name of the glorification of the Nazi past, the Nazi movement and neo-Nazism, declaring or at-tempting to declare such members and those who fought against the anti-Hitler coa-lition, collaborated with the Nazi movement and committed war crimes and crimes against humanity participants in national liberation movements, as well as by the renaming of streets glorifying them;
7. Calls for the universal ratification and effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimina tion,and urges those States parties that have not yet done so to consider making the declaration under its article 14, thus providing the Committee on the Elimination of Racial Discrimination with the competence to receive and consider communications from individuals or groups of individuals within their jurisdiction claiming to be victims of a violation by a State party of any of the rights set forth in the Convention;
8. Urges States to eliminate all forms of racial discrimination by all appropriate means, including legislation as required by circumstances, while ensuring that the definition of racial discrimination set out therein complies with article 1 of the Convention;
9. Encourages those States that have made reservations to article 4 of the Conven-tion to give serious consideration to withdrawing such reservations as a matter of priority, as stressed by the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance;
10. Acknowledges that discrimination based on race, ethnicity, religion or belief in all its forms and manifestations, including neo-Nazism, Islamophobia, Christianophobia and antisemitism, is a threat to social cohesion, not just to those racial and ethnic groups that are their direct target;
11. Recalls that any legislative or constitutional measures adopted with a view to countering extremist political parties, movements, ideologies and groups of a racist or xenophobic character,including neo-Nazis and skinhead groups and similar extre-mist ideological movements, should be in conformity with the relevant international human rights obligations, in particular articles 4 and 5 of the Convention and articles 19 to 22 of the International Covenant on Civil and Political Rights;
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11 A/77/512.
12. Encourages States to develop and implement national action plans for the elimi-nation of racism, racial discrimination, xenophobia and related intolerance, witha view to, inter alia, monitoring closely the phenomenon of Nazism, neo -Nazism and Holocaust denial, such as commemorative celebration of the Nazi regime, its allies and related organizations;
13. Encourages States parties to the Convention to take appropriate measures to ensure that their legislation is in accordance with their obligations under the Convention, including those under article 4;
14. Stresses that the rights to freedom of expression, peaceful assembly and association are important in supporting the fight against racism, racial discrimination, xenophobia and related intolerance worldwide;
15. Emphasizes once more the recommendation of the Special Rapporteur that “any commemorative celebration of the Nazi regime, its allies and related organizations, whether official or unofficial, should be prohibited” by States, 12 also emphasizes that such manifestations do injustice to the memory of the countless victims of the Second World War and negatively influence children and young people,and stresses in this regard that it is important that States take measures, in accordance with inter-national human rights law, to counteract any celebration of the Nazi SS organization and all its integral parts, including the Waffen SS, and that failure by States to effec-tively address such practices is incompatible with the obligations of States Members of the United Nations under its Charter;
16. Expresses deep concern about increased frequency of attempts and activities in-tended to desecrate or demolish monuments erected in remembrance of those who fought against Nazism during the Second World War,as well as to unlawfully exhume or remove the remains of such persons,and in this regard urges States to fully comp- ly with their relevant obligations, inter alia, under article 34 of Additional Protocol I to the Geneva Conventions of 1949; 13
17. Firmly condemns incidents that glorify and promote Nazism, such as acts invol-ving pro-Nazi graffiti and paintings, including on monuments dedicated to victims of the Second World War;
18. Welcomes efforts by Member States to preserve historical truth,including through constructing and preserving monuments and memorials dedicated to those who fought in the ranks of the anti-Hitler coalition;
19. Expresses alarm over the use by extremist groups, including neo-Nazi groups, and individuals espousing ideologies of hatred,of information technologies, the Inter- net and social media to recruit new members,especially targeting children and young people, and to disseminate and to amplify their hate-filled messages, while recogni-zing that the Internet can also be used to counteract these groups and their activities
20. Calls upon States to take appropriate measures to address the new and emer-ging threats posed by the rise in terrorist attacks incited by racism, xenophobia and other forms of intolerance, or in the name of religion or belief;
21. Notes with concern the significant number of racist incidents worldwide, including the rise of skinhead groups, which have been responsible for many of these inci-dents, as well as the resurgence of racist and xenophobic violence targeting, inter alia, persons belonging to national or ethnic, religious and linguistic minorities, or on any other grounds, including arson attacks on houses and vandalization of and violence in schools and places of worship and cemeteries;
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12 A/72/291, para. 79.
13 United Nations, Treaty Series, vol. 1125, No. 17512.
22. Reaffirms that such acts may, in certain circumstances, be qualified as falling within the scope of the Convention, that they may not be justifiable as exercises of freedom of peaceful assembly, freedom of association and freedom of expression and that they will often fall within the scope of article 20 of the International Cove-nant on Civil and Political Rights and may be subject to certainrestrictions, as set out in articles 19, 21 and 22 of the Covenant;
23. Encourages States to take appropriate concrete measures, including legislative and educational ones,in accordance with their international human rights obligations, in order to prevent revisionism in respect of the Second World War and the denial of the crimes against humanity and war crimes committed during the Second World War;
24. Calls upon States to take active measures to ensure that education systems develop the necessary content to provide accurate accounts of history, as well as promote tolerance and other international human rights principles;
25.Recalls the recommendation of the Special Rapporteur that education th at seeks to undercut the racist effects of nationalist populism should include accurate and re-presentative accounts of national history that give voice to racial and ethnic diversity and that expose the untruths of those who attempt to write ethnic groups out of na-tional histories and identities in order to sustain ethnonationalist myths of racially or ethnically “pure” nations;14
26. Condemns without reservation any denial of or attempt to deny the Holocaust, as well as any manifestation of religious intolerance, incitement, harassment or violence against persons or communities, on the basis of ethnic origin or religious belief;
27. Affirms its deep commitment to the duty of remembrance, and welcomes the call of the Special Rapporteur for the active prese rvation of those Holocaust sites that served as Nazi death camps,concentration and forced labour camps and prisons, as well as his encouragement to States to take measures,including legislative,law en-forcement and educational measures,to put an end to all forms of Holocaust denial; 15
28. Recalls the conclusions of the Special Rapporteur that revisionism and attempts to falsify history may, in certain circumstances, fall under the prohibition of hate speech under article 4 (a) of the Convention, which States are required to declare as offences punishable by law, 16 and that neo-Nazi recruitment attempting to main-stream extreme ideologies or racial, ethnic or religious hatred and intolerance may fall under article 4 (b) of the Convention;
29. Calls upon States to continue to take all appropriate measures aimed at preven-ting and countering hate speech, including on the Internet,and incitement to violence against persons in vulnerable situations, including the organization of meetings and violent protests, fundraising and engagement in other activities;
30. Expresses serious concern regarding attempts to prohibit, at the legislative level, symbols associated in States with the victory over Nazism;
31. Expresses deep concern about attempts at commercial advertising aimed at exploiting the sufferings of the victims of war crimes and crimes against humanity committed during the Second World War by the Nazi regime;
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14 A/73/305 and A/73/305/Corr.1, para. 56.
15 A/72/291, para. 91.
16 A/HRC/38/53, para. 15
32. Stresses the need to respect the memory and that the practices described above do injustice to the memory of the countless victims of crimes against humanity com-mitted in the Second World War,in particular those committed by the SS organization and by those who fought against the anti-Hitler coalition and collaborated with the Nazi movement, and may negatively influence children and young people, and that failure by States to effectively address such practices is incompatible with the obliga-tions of States Members of the United Nations under its Charter, including those related to the purposes and principles of the Organization;
33. Also stresses that all such practices may fuel contemporary forms of racism, ra-cial discrimination, antisemitism, discrimination based on religion or belief, including Islamophobia and Christianophobia, xenophobia and related intolerance and contri-bute to the spread and multiplication of various extremist political parties,movements and groups of a racist or xenophobic character, including neo -Nazis and skinhead groups, and in this regard calls for increased vigilance;
34. Expresses concern that the human rights and democratic challenges posed by extremist political parties, movements and groups are universal and no country is immune to them;
35. Emphasizes the need to take appropriate measures necessary to counter the practices described above, and calls upon States and all other stakeholders to take more effective measures,while fully respecting international human rights law, to pre- vent, counter and combat those phenomena and extremist movements of a racist or xenophobic character, which pose a real threat to democratic values,and to increase their vigilance and be proactive in strengthening their efforts to recognize and effectively address those challenges;
36. Underlines the importance of reliable disaggregated data and statistics on racist and xenophobic crimes for identifying the types of offences committed, the profiles of victims and of perpetrators and whether the latter are affiliated with extremist move-ments or groups, thus enhancing better understanding of the phenomenon, identify-ing effective measures to address such racist and xenophobic crimes and assessing the impact of these measures, and recalls in this regard the commitments made in the 2030 Agenda for Sustainable Development 17 on data,monitoring and accounta- bility, including collecting data disaggregated by characteristics relevant in national contexts;
37. Encourages States to adopt further measures to support training for the police and other law enforcement bodies on the ideologies of extremist political parties, movements and groups the advocacy of which constitutes incitement to racist and xenophobic violence, to strengthen their capacity to address racist and xenophobic crimes and prevent racial profiling practices, to fulfil their responsibilitym for bringing to justice the perpetrators of such crimes and to combat impunity;
38. Expresses deep concern about the increased number of seats occupied by representatives of extremist parties of a racist or xenophobic character in a number of national and local parliaments, and emphasizes in this regard the need for all democratic political parties to base their programmes and activities on respect for human rights and freedoms, democracy, the rule of law and good governance and to condemn all messages disseminating ideas that are based on racial superiority or
hatred and that have the objective of fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance;
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17 Resolution 70/1.
39. Recalls the concern of the Special Rapporteur regarding the resurgence of neo-Nazism in contemporary times and growing support for and acceptance of neo-Nazism and related ideology in an increasing number of countries; 18
40. Notes with appreciation, in this regard, the call of the Special Rapporteur upon political leaders and parties to strongly condemn incitement to racial discrimination or xenophobia, to promote tolerance and respect and to refrain from forming coalitions with extremist parties of a racist or xenop hobic character;19
41. Welcomes the recommendation of the Special Rapporteur to continue to take steps through national legislation, in accordance with international human rights law, aimed at preventing hate speech and incitement to violence, to withdrawm support – financial and otherwise – from political parties and other organizations that engage in neo-Nazi or other hate speech and to take steps to dismantle responsible organi-zations where such hate speech aims, or can reasonably be expected, to incite violence; 20
42. Encourages States to improve diversity within law enforcement agencies, and urges them to take all appropriate measures to facilitate the filing of complaints about and to impose appropriate sanctions against those within the public service found to have committed racially motivated violence or to have used hate speech;
43. Expresses deep concern about the increase in reported cases of racism, anti-semitism, discrimination based on religion, belief or origin, including Islamophobic, Arabophobic, Afrophobic and xenophobic manifestations during sports events, inclu-ding those committed by extremist groups of a racist or xenophobic character, inclu-ding neo-Nazis and skinhead groups, and calls upon States, international organiza-tions, sports federations and other relevant stakeholders to strengthen measures to address such incidents, while also welcoming the steps that many States and sports federations, clubs and fan groups have taken to eliminate racism at sporting events, including through sport practised without discrimination of any kind and in the Olym-pic spirit, which require human understanding, tolerance, inclusion, fair play and solidarity;
44. Recalls the recommendation of the Special Rapporteur to introduce into national criminal law a provision according to which committing an offence with racist or xenophobic motivations or aims constitutes an aggravating circumstance, allowing for enhanced penalties,21 and encourages those States whose legislation does not contain such provisions to consider that recommendation;
45. Notes measures taken by States to prevent discrimination against, in particular but not limited to, persons belonging to national or ethnic, religious and linguistic mi-norities, people of African descent, Roma, migrants, refugees and asylum-seekers, and to ensure their integration into society, urges States to ensure the full and effec-tive implementation of legal, policy and institutional measures protecting these indi-viduals and groups, including women and girls, and reco mmends that States effec-tively guarantee to everyone, without discrimination of any kind, their human rights, including those related to safety and security, access to justice, adequate reparation and appropriate information about their rights, and pursue prosecution and adequate punishment, as appropriate, of those responsible for racist and xenophobic crimes against them, including the possibility of seeking reparation or satisfaction for damages suffered as a result of such crimes;
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18 A/HRC/38/53, para. 16.
19 A/72/291, para. 83.
20 A/HRC/38/53, para. 35 (c).
21 A/69/334, para. 81.
46. Calls upon States to increase awareness about available national and other remedies for human rights violations based on racial discrimination and racism;
47. Underlines that the roots of extremism are multifaceted and must be addressed through adequate measures such as education, awareness-raising and the promo-tion of dialogue, and in this regard recommends the increase of measures to raise awareness among young people of the dangers of the ideologies and activities of extremist political parties, movements and groups;
48. Reaffirms, in this regard, the particular importance of all forms of education, in-cluding human rights education, as a complement to legislative measures, and calls upon States to continue to invest in education, in both conventional and non-conven-tional curricula, inter alia,in order to transform attitudes and counteract ideas of racial hierarchies and superiority, and counter their negative influence, and to promote the values of non-discrimination, equality and respect for all, as outlined by the Special Rapporteur;
49. Recognizes the paramount role of education in promoting human rights and fun-damental freedoms and combating racism, racial discrimi nation, xenophobia and re-lated intolerance, especially in promoting the principles of tolerance, non-discrimina-tion, inclusion and respect for ethnic, religious and cultural diversity and preventing the spread of extremist racist and xenophobic movements a nd ideas;
50. Strongly condemns the use in educational settings of educational material and rhetoric that promulgate racism, discrimination, hatred and violence on the basis of ethnic origin, nationality, religion or belief;
51. Emphasizes the recommendation of the Special Rapporteur presented at the six-ty-fourth session of the General Assembly, in which he emphasized the importance of history classes in teaching the dramatic events and human suffering which arose out of the adoption of ideologies such as Nazism and Fascism; 22
52. Stresses the importance of other positive measures and initiatives aimed at brin-ging communities together and providing them with space for genuine dialogue,such as round tables, working groups and seminars, including training seminars for State agents and media professionals, as well as awareness-raising activities, especially those initiated by civil society representatives,which require continued State support;
53. Underlines the positive role that relevant United Nations entities and programmes, in particular the United Nations Educational, Scientific and Cultural Organization, can play in the aforementioned areas;
54. Reaffirms article 4 of the Convention, according to which States parties condemn all propaganda and all organizations which are based on ideas or theories of supe-riority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embo-died in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of the Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, and incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group o f persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
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22 A/64/295, para. 104.
(b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities,which promote and incite racial discrimination,and shall recog-nize participation in such organizations or activities as an offence punishable by law;
(c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination;
55. Also reaffirms that, as underlined in paragraph 13 of the outcome document of the Durban Review Conference, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence should be prohibited by law, that all dissemination of ideas based on racial superiority or hatred, or incite-ment to racial discrimination,as well as all acts of violence or incitement to such acts, shall be declared offences punishable by law,in accordance with the international ob-ligations of States, and that these prohibitions are consistent with freedom of opinion and expression;
56. Recalls the United Nations Strategy and Plan of Action on Hate Speech, which sets out strategic guidance for the United Nations system to address hate speech at the national and global levels;
57. Recognizes the positive role that the exercise of the right to freedom of opinion and expression, as well as full respect for the freedom to seek, receive and impart information, including through the Internet, can play in combating racism, racial discrimination, xenophobia and related intolerance;
58. Calls upon States to strengthen freedom of expression, which can play a crucial role in promoting democracy and combating racist and xenophobic ideologies based on racial superiority;
59. Also calls upon States, which have the primary responsibility to counter discrimi-nation and hate speech, and all relevant actors, including political and religious lea-ders, to promote inclusion and unity in response to the coronavirus disease (COVID- 19) pandemic, and to prevent, speak out and take strong action against racism, xenophobia, hate speech, violence, discrimination and stigmatization;
60. Expresses concern about the increased use of digital technologies to promote and disseminate racism, racial hatred, xenophobia, racial discrimination and related intolerance, and in this regard calls upon States parties to the International Covenant on Civil and Political Rights to counter the dissemination of the above-mentioned ideas while respecting their obligations under articles 19 and 20 of the Covenant, which guarantee the right to freedom of expression and outline the grounds on which the exercise of this right can be legitimately restricted;
61.Recognizes the need to promote the use of new information and communications technologies, including the Internet, to contribute to the fight against racism, racial discrimination, xenophobia and related intolerance;
62. Also recognizes the positive role that the media can play in combating racism, racial discrimination, xenophobia and related intolerance, promoting a culture of tolerance and inclusion and representing the diversity of a multicultural society;
63. Encourages States, civil society and other relevant stakeholders to use all opportunities, including those provided by the Internet and social media, to counter, in accordance with international human rights law, the dissemination of ideas based on racial superiority or hatred and to promote the values of equality, non-discrimination, diversity and democracy;
64. Encourages national human rights institutions, where they exist, to develop appropriate programmes to promote tolerance, inclusion and respect for all and to collect relevant information in this regard;
65. Notes the importance of strengthening cooperation at the regional and internatio-nal levels with the aim of countering all manifestations of racism, racial discrimina-tion, xenophobia and related intolerance, in particular regarding issues raised in the present resolution;
66. Stresses the importance of cooperating closely with civil society and international and regional human rights mechanisms in order to counter effectively all manifesta-tions of racism, racial discrimination, xenophobia and related intolerance, as well as extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and other similar extremist ideological movements that incite racism, racial discrimination, xenophobia and related intolerance;
67. Recalls the request of the Commission on Human Rights,in its resolution 2005/5, that the Special Rapporteur continue to reflect on this issue, make relevant recom-mendations in future reports and seek and take into account in this regard the views of Governments and non-governmental organizations;
68. Invites States to consider including in their reports for the universal periodic review and their reports to relevant treaty bodies information on the steps taken to combat racism, racial discrimination, xenophobia and relate d intolerance, including with the aim of implementing the provisions of the present resolution;
69. Requests the Special Rapporteur to prepare, for submission to the General As-sembly at its seventy-eighth session and to the Human Rights Council at its fifty-third session, reports on the implementation of the present resolution,and encourages the Special Rapporteur to pay specific attention to paragraphs 6, 13, 15, 16, 17, 21, 29, 30,31,49 and 51 above, based on the views collected in accordance with the request of the Commission, as recalled in paragraph 67 above;
70. Expresses its appreciation to those Governments and non-governmental organi-zations that have submitted information to the Special Rapporteur in the course of the preparation of her report to the General Assembly;
71. Encourages States and non-governmental organizations to cooperate with the Special Rapporteur, including by providing information on developments with regard to the issues raised in the present resolution in order to contribut e to the preparation of future reports to the General Assembly;
72. Stresses that such information is important for the sharing of experiences and best practices in the fight against extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and other extremist ideological move-ments that incite racism, racial discrimination, xenophobia and related intolerance;
73. Encourages Governments to invest more resources in building and sharing knowledge on successful positive measures to prevent and counter racism, racial discrimination, xenophobia and related intolerance, in addition to sanctioning any violations, including by providing remedies to victims of violations, as appropriate;
74. Encourages Governments, non-governmental organizations and relevant actors to disseminate, as widely as possible, information regarding the contents of and the principles outlined in the present resolution, including through the media, but not limited to it;
75. Decides to remain seized of the issue.
54th plenary meeting 15 December 2022
***
73rd plenary meeting 18 December 2014
Recalling that in 2015 the international community will celebrate the seventieth anniversary of victory over Nazism in the Second World War, and looking forward in this regard to the initiative to hold a special solemn meeting at the sixty-ninth session of the General Assembly,
1. Reaffirms the relevant provisions of the Durban Declaration 9 and of the outcome document of the Durban Review Conference,10 in which States condemned the per- sistence and resurgence of neo-Nazism, neo-Fascism and violent nationalist ideolo-gies based on racial and national prejudice and stated that those phenomena could never be justified in any instance or in any circumstances;
2. Takes note with appreciation of the report of the Special Rapporteur on contempo-rary forms of racism, racial discrimination, xenophobia and related intolerance, prepared in accordance with the request contained in General Assembly resolution 68 / 150; 11
3. Expresses its appreciation to the United Nations High Commissioner for Human Rights and his Office for their efforts to fight racism, racial discrimination, xenophobia and related intolerance, including the maintenance by the Office of the database on practical means to combat racism, racial discrimination, xenophobia and related intolerance;
4. Expresses deep concern about the glorification,in any form,of the Nazi movement, neo-Nazism and former members of the Waffen SS organization, including by erec-ting monuments and memorials and holding public demonstrations in the name of the glorification of the Nazi past, the Nazi movement and neo-Nazism, as well as by declaring or attempting to declare such members and those who fought against the anti-Hitler coalition and collaborated with the Nazi movement participants in national liberation movements;
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9 See A/CONF.189/12 and A/CONF.189/12/Corr.1, chap. I.
10 See A/CONF.211/8, chap. I.
11 A/69/334.
5. Calls for the universal ratification and effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, 3 and encoura-ges those States parties that have not yet done so to consider making the declara-tion under its article 14, thus providing the Committee on the Elimination of Racial Discrimination with the competence to receive and consider communications from individuals or groups of individuals within their jurisdiction claiming to be victims of a violation by a State party of any of the rights set forth in the Convention;
6. Emphasizes the recommendation of the Special Rapporteur that “any commemo-rative celebration of the Nazi regime, its allies and related organizations, whether of-ficial or unofficial, should be prohibited by States”, 12 and stresses in this regard that it is important that States take measures, in accordance with international human rights law, to counteract any celebration of the Nazi SS organization and all its integral parts, including the Waffen SS;
7. Expresses concern about recurring attempts to desecrate or demolish monuments erected in remembrance of those who fought against Nazism during the Second World War, as well as to unlawfully exhume or remove the remains of such persons, and in this regard urges States to fully comply with their relevant obligations, inter alia, under article 34 of Additional Protocol I to the Geneva Conventions of 1949; 13
8. Notes with concern the increase in the number of racist incidents worldwide, in-cluding the rise of skinhead groups, which have been responsible for many of these incidents, as well as the resurgence of racist and xenophobic violence targeting, inter alia, persons belonging to national, ethnic, religious or linguistic minorities;
9. Reaffirms that such acts may be qualified to fall within the scope of the Conven-tion, that they may not be justified when they fall outside the scope of the rights to freedom of peaceful assembly and of association as well as the rights to freedom of expression and that they may fall within the scope of article 20 of them International Covenant on Civil and Political Rights 2 and may be subject to certain restrictions, as set out in articles 19, 21 and 22 of the Covenant;
10. Condemns without reservation any denial or attempt to deny the Holocaust;
11. Welcomes the call of the Special Rapporteur for the active preservation of those Holocaust sites that served as Nazi death camps, concentration and forced labour camps and prisons, as well as his encouragement of States to take measures, inclu-ding legislative,law enforcement and educational measures,to put an end to all forms of Holocaust denial;
12. Calls upon States to continue to take adequate steps, including through national legislation,in accordance with international human rights law,aimed at the prevention of hate speech and incitement to violence against persons belonging to vulnerable groups;
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12 Ibid., para. 75.
13 United Nations, Treaty Series, vol. 1125, No. 17512.
13. Expresses deep concern about attempts at commercial advertising aimed at exploiting the sufferings of the victims of war crimes and crimes against humanity committed during the Second World War by the Nazi regime;
14. Stresses that the practices described above do injustice to the memory of the countless victims of crimes against humanity committed in the Second World War, in particular those committed by the SS organization and by those who fought against the anti-Hitler coalition and collaborated with the Nazi movement,and may negatively influence children and young people, and that failure by States to effectively address such practices is incompatible with the obligations of States Members of the United Nations under its Charter, including those related to the purposes and principles of the Organization;
15. Also stresses that such practices fuel contemporary forms of racism, racial discrimination, xenophobia and related intolerance and contribute to the spread and multiplication of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and in this regard calls for increased vigilance;
16. Expresses concern that the human rights and democratic challenges posed by extremist political parties, movements and groups are universal and no country is immune to them;
17. Emphasizes the need to take the measures necessary to put an end to the practices described above, and calls upon States to take more effective measures in accordance with international human rights law to combat those phenomena and extremist movements, which pose a real threat to democratic values;
18. Encourages States to adopt further measures to provide training for the police and other law enforcement bodies on the ideologies of extremist political parties mo- vements and groups whose advocacy constitutes incitement to racist and xenopho-bic violence, to strengthen their capacity to address racist and xenophobic crimes, to fulfil their responsibility of bringing to justice the perpetrators of such crimes and to combat impunity;
19.Notes the recommendation of the Special Rapporteur regarding the responsibility of political leaders and parties in relation to messages that incite racial discrimination or xenophobia;
20. Expresses concern that ethnic profiling and police violence against vulnerable groups discourage victims from seeking redress owing to distrust of the legal system and in this regard encourages States to improve diversity within law enforcement agencies and impose appropriate sanctions against those within the public service found guilty of racially motivated violence or of using hate speech;
21. Recalls the recommendation of the Special Rapporteur to introduce into national criminal law a provision according to which committing an offence with racist or xenophobic motivations or aims constitutes an aggravating circumstance, allowing for enhanced penalties, and encourages those States whose legislation does not contain such provisions to consider that recommendation;
22. Underlines that the roots of extremism are multifaceted and must be addressed through adequate measures such as education, awareness-raising and the promo-tion of dialogue, and in this regard recommends the increase of measures to raise awareness among young people of the dangers of the ideologies and activities of extremist political parties, movements and groups;
23. Reaffirms, in this regard, the particular importance of all forms of education, in-cluding human rights education,as a complement to legislative measures,as outlined by the Special Rapporteur;
24. Emphasizes the recommendation of the Special Rapporteur presented at the sixty-fourth session of the General Assembly, in which he emphasized the impor-tance of history classes in teaching the dramatic events and human suffering which arose out of the adoption of ideologies such as Nazism and Fascism; 14
25. Stresses the importance of other positive measures and initiatives aimed at brin-ging communities together and providing them with space for genuine dialogue,such as round tables, working groups and seminars, including training seminars for State agents and media professionals, as well as awareness-raising activities, especially those initiated by civil society representatives,which require continued State support;
26.Calls upon States to continue to invest in education,in both conventional and non-conventional curricula, inter alia, in order to transform attitudes and correct ideas of racial hierarchies and superiority promoted by extremist political parties, movements and groups and counter their negative influence;
27.Underlines the positive role that relevant United Nations entities and programmes in particular the United Nations Educational,Scientific and Cultural Organization, can play in the aforementioned areas;
28. Reaffirms article 4 of the Convention, according to which States parties to that instrument condemn all propaganda and all organizations that are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or that attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to that end, with due regard to the principles embodied in the Universal Declaration of Human Rights 1 and the rights expressly set forth in article 5 of the Convention, inter alia:
(a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, and incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;
(b) Shall declare illegal and prohibit organizations, and organized and all other propaganda activities, that promote and incite racial discrimination, and shall recog-nize participation in such organizations or activities as an offence punishable by law;
(c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination;
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14 A/64/295, para. 104
29. Also reaffirms that, as underlined in paragraph 13 of the outcome document of the Durban Review Conference, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violenceshould be prohibited by law, that all dissemination of ideas based on racial superiority or hatred, or incite-ment to racial discrimination,as well as all acts of violence or incitement to such acts, shall be declared offences punishable by law, in accordance with the international obligations of States, and that these prohibitions are consistent with freedom of opinion and expression;
30. Recognizes the positive role that the exercise of the right to freedom of opinion and expression, as well as full respect for the freedom to seek, receive and impart information, including through the Internet, can play in combating racism, racial discrimination, xenophobia and related intolerance;
31. Expresses concern about the use of the Internet to propagate racism, racial hat-red, xenophobia, racial discrimination and related intolerance,and in this regard calls upon States parties to the Covenant to implement fully articles 19 and 20 thereof, which guarantee the right to freedom of expression and outline the grounds on which the exercise of this right can be legitimately restricted;
32.Recognizes the need to promote the use of new information and communications technologies, including the Internet, to contribute to the fight against racism, racial discrimination, xenophobia and related intolerance;
33. Also recognizes the positive role that the media can play in combating racism, racial discrimination, xenophobia and related intolerance, promoting a culture of tolerance and representing the diversity of a multicultural society;
34. Encourages States, civil society and other relevant stakeholders to use all oppor-tunities, including those provided by the Internet and social media, to counter, in accordance with international human rights law, the dissemination of ideas based on racial superiority or hatred and to promote the values of equality, non-discrimination, diversity and democracy;
35. Encourages those States that have made reservations to article 4 of the Conven-tion to give serious consideration to withdrawing such reservations as a matter of priority, as stressed by the Special Rapporteur;
36. Notes the importance of strengthening cooperation at the regional and internatio-nal levels with the aim of countering all manifestations of racism,racial discrimination xenophobia and related intolerance, in particular regarding issues raised in the present resolution;
37. Stresses the importance of cooperating closely with civil society and international and regional human rights mechanisms in order to counter effectively all manifesta-tions of racism, racial discrimination, xenophobia and related intolerance, as well as extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and other similar extremist ideological movements that incite racism, racial discrimination, xenophobia and related intolerance;
38. Encourages States parties to the Convention to ensure that their legislation incorporates the provisions of the Convention, including those of article 4;
39. Encourages States to adopt the legislation necessary to combat racism while ensuring that the definition of racial discrimination set out therein complies with article 1 of the Convention;
40. Recalls that any legislative or constitutional measures adopted with a view to countering extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and similar extremist ideological movements should be in conformity with the relevant international human rights norms, in particular articles 4 and 5 of the Convention and articles 19 to 22 of the Covenant;
41. Also recalls the request of the Commission on Human Rights, in its resolution 2005/5, 5 that the Special Rapporteur continue to reflect on this issue, make relevant recommendations in his future reports and seek and take into account in this regard the views of Governments and non-governmental organizations;
42. Encourages States to consider including in their reports for the universal periodic review and to relevant treaty bodies information on the steps taken to combat racism racial discrimination, xenophobia and related intolerance, including with the aim of implementing the provisions of the present resolution;
43. Requests the Special Rapporteur to prepare, for submission to the General As-sembly at its seventieth session and to the Human Rights Council at its twenty-ninth session, reports on the implementation of the present resolution, in particular regar-ding paragraphs 4, 6, 7, 9, 13, 14, 24 and 25 above, based on the views collected in accordance with the request of the Commission, as recalled in paragraph 41 above;
44. Expresses its appreciation to those Governments that have provided information to the Special Rapporteur in the course of the preparation of his reports to the General Assembly;
45. Stresses that such information is important for the sharing of experiences and best practices in the fight against extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and other extremist ideological move-ments that incite racism, racial discrimination, xenophobia and related intolerance;
46. Encourages Governments and non-governmental organizations to cooperate fully with the Special Rapporteur in the exercise of the tasks outlined in paragraph 43 above;
47. Encourages Governments, non-governmental organizations and relevant actors to disseminate, as widely as possible, information regarding the contents of and the principles outlined in the present resolution, including through the media, but not limited to it;
48. Decides to remain seized of the issue.
73rd plenary meeting 18 December 2014
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