A/HRC/35/42 Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance submitted pursuant to General Assembly resolution 71/179 I. Introduction 1. The present report is submitted to the Human Rights Council pursuant to General Assembly resolution 71/179, in which the Assembly requested the Special Rapporteur to prepare, for submission to the Council at its thirty-fifth session, a report on the implementation of that resolution on combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance, based on the views of Governments and non-governmental organizations. The Assembly also requested another report to be submitted to it, at its seventy-second session, on the same matter. 2. The General Assembly specifically expressed deep concern about the glorification, in any form, of the Nazi movement, neo-Nazism and former members of the Waffen SS organization, including by erecting monuments and memorials and holding public demonstrations glorifying 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 antiHitler coalition and collaborated with the Nazi movement participants in national liberation movements. 3. The General Assembly also re-emphasized 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 (see A/71/325, para. 68), emphasizing that such manifestations do injustice to the memory of the countless victims of the Second World War and negatively influence children and young people. In this regard, the Special Rapporteur stresses the importance for States to 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. Failure by Member States to effectively address such practices is incompatible with their obligations under the Charter of the United Nations. 4. Furthermore, in its resolution 71/179, the General Assembly expressed concern about recurring attempts to desecrate or demolish monuments erected in remembrance of those who fought Nazism during the Second World War, as well as to unlawfully exhume or remove the remains of such persons, and in that regard urged Member States to fully comply with their relevant obligations, inter alia, under article 34 of the protocol additional to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts. 5. In addition, the General Assembly noted with concern the increase in the number of racist incidents worldwide, including the rise of skinhead groups, which have been responsible for many such incidents, as well as the resurgence of racist and xenophobic violence targeting, inter alia, persons belonging to national or ethnic, religious and linguistic or other minorities, including arson attacks on houses and vandalizing of schools and places of worship. 6. The General Assembly reaffirmed that such acts may be qualified as falling within the scope of the Convention, 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 the International Covenant on Civil and Political Rights potentially being subject to certain restrictions, as set out in articles 19 and 21-22 of the Covenant. 7. In the same resolution, the General Assembly expressed deep concern about commercial advertising attempts aimed at exploiting the suffering of the victims of war 2