A/72/291
I. Introduction
1.
The present report is submitted to the General Assembly pursuant to Assembly
resolution 71/179 on combating glorification of Nazism, neo-Nazism and other
practices that contribute to fuelling contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, in which the Assembly
requested the Special Rapporteur to prepare, for submission to the Assembly at its
seventy-second session and to the Human Rights Council at its thirty-fifth session,
reports on the implementation of that resolution, based on the views of
Governments and non-governmental organizations.
2.
The General Assembly specifically expressed deep concern about the
glorification, in any form, of the Nazi move ment, 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 anti-Hitler coalition and collaborated with the Nazi
movement participants in national liberation movements.
3.
The General Assembly emphasized once again 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), and also emphasized 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 that 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.
Also in 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 Conve ntions of 12 August 1949, and 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, w hich
have been responsible for many of those 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 minority groups, including arson attacks o n
houses and vandalizing of schools and places of worship.
6.
The General Assembly reaffirmed that such acts might be qualified as falling
within the scope of the Convention, that they might not be justified when they fall
outside the scope of the rights to freedom of peaceful assembly and of association, as
well as the right to freedom of expression, and that they might fall within the scope of
article 20 of the International Covenant on Civil and Political Rights and might be
subject to certain restrictions, as set out in articles 19, 21 and 22 of the Covenant.
7.
In the same resolution, the General Assembly expressed deep concern about
attempts at commercial advertising aimed at exploiting the suffering of the victims
of war crimes and crimes against humanity committed during the Second World War
by the Nazi regime. It stressed that the practices described in the resolution did
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