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Text of draft resolution against glorification of Nazism as approved by the UN General Assembly on 20Dec12

United Nations
A/67/455
General Aseembly
Distr.: General
4 December 2012
Original: English
Sixty-seventh session
Agenda item 67
Elimination of racism, racial discrimination, xenophobia and related intolerance
Report of the Third Committee
Rapporteur: Mr. Suljuk Mustansar Tarar (Pakistan)

II. Consideration of proposals
A. Draft resolution A/C.3/67/L.55 and Rev.1
7. At the 41st meeting, on 20 November, the representative of the Russian Federation, on behalf of Bangladesh, Belarus, Benin, Bolivia (Plurinational State of), Cote d'lvoire, Cuba, the Democratic People's Republic of Korea, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Guinea, Iran (Islamic Republic of), Kazakhstan, Kyrgyzstan, the Lao People's Democratic Republic, Lebanon, Mauritania, Myanmar, Namibia, Nicaragua, the Niger, Nigeria, Pakistan, the Russian Federation, Seychelles, South Sudan, Sri Lanka, the Sudan, the Syrian Arab Republic, Tajikistan, Turkmenistan, Uganda, Uzbekistan, Venezuela (Bolivarian Republic of), Viet Nam and Zimbabwe, introduced a draft resolution entitled "Glorification of Nazism: inadmissibility of certain practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance" (A/C.3/67/L.55), which read:

"The General Assembly,
"Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant human rights instruments,
"Recalling the provisions of Commission on Human Rights resolutions 2004/16 of 16 April 2004 and 2005/5 of 14 April 2005 and relevant Human Rights Council resolutions, in particular resolutions 7/34 of 28 March 2008, 18/15 of 29 September 2011 and 21/33 of 28 September 2012, 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 and 66/143 of 19 December 2011 on this issue and resolutions 61/149 of 19 December 2006, 62/220 of 22 December 2007, 63/242 of 24 December 2008, 64/148 of 18 December 2009, 65/240 of 24 December 2010 and 66/144 of 19 December 2011, entitled 'Global efforts for the total 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',
"Recalling also the Charter of the Nuremberg Tribunal and the Judgement of the Tribunal, which recognized as criminal, inter alia, the SS organization and all its integral parts, including 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 Judgement,
"Recalling further 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, in particular paragraph 2 of the Declaration and paragraph 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, in particular paragraphs 11 and 54,
"Alarmed, in this regard, at the spread in many parts of the world of various extremist political parties, movements and groups, including neo-Nazis and skinhead groups, as well as similar extremist ideological movements,
"Deeply concerned by the recent manifestations of violence and terrorism incited by aggressive nationalism, racism, 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 persistence 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. 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 General Assembly resolution 66/143;
"3. Expresses its appreciation to the United Nations High Commissioner for Human Rights for her commitment to maintaining the fight against racism, racial discrimination, xenophobia and related intolerance as one of the priority activities of her Office;
"4. Expresses deep concern about the glorification of the Nazi movement and former members of the Waffen SS organization, including by erecting monuments and memorials and holding public demonstrations in the name of the glorification of the Nazi past, the Nazi movement and neoNazism, 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;
"5. Expresses concern at 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;
"6. Notes with concern the increase in the number of racist incidents worldwide, including 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 members of national, ethnic, religious or linguistic minorities;
"7. Reaffirms that such acts may be qualified to fall within the scope of the International Convention on the Elimination of All Forms of Racial Discrimination, that they may not be justified as exercises of the rights to freedom of peaceful assembly and of association as well as the rights to freedom of opinion and expression, and that they may fall within the scope of article 20 of the International Covenant on Civil and Political Rights and may legitimately be restricted as set out in articles 19, 21 and 22 of the Covenant;
"8. Expresses deep concern at attempts to exploit through commercial advertising the sufferings of the victims of the Second World War and crimes against humanity committed by the Nazi regime;
"9. 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 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 and is incompatible with the purposes and principles of the Organization;
"10. 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;
"11. 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 the extremist movements, which pose a real threat to democratic values;
"12. Encourages States to adopt further measures to provide training to the police and other law enforcement bodies on the ideologies of extremist political parties, movements and groups whose advocacy constitutes incitement to racist and xenophobic violence and to strengthen their capacity to address racist and xenophobic crimes and to bring to justice those responsible for such crimes;
"13. Takes note of the recommendation of the Special Rapporteur regarding the responsibility of political leaders and parties in relation to messages that incite racial discrimination or xenophobia;
"14. Recalls the recommendation of the Special Rapporteur to introduce into domestic 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;
"15. Reaffirms, in this regard, the particular importance of all forms of education, including human rights education, as a complement to legislative measures, as outlined by the Special Rapporteur;
"16. Emphasizes the recommendation made by the Special Rapporteur to the General Assembly at its sixty-fourth session regarding the importance of history classes in teaching the dramatic events and human suffering that resulted from the ideologies of Nazism and Fascism;
"17. Stresses the importance of other positive measures and initiatives aimed at bringing 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;
"18. Calls upon States to continue to invest in education, 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;
"19. Underlines the potentially 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;
"20. Reaffirms article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, in 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 and the rights expressly set forth in article 5 of this Convention, inter alia:
"(a) Shall declare as 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, which promote and incite racial discrimination, and shall recognize 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;
"21. 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 incitement 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;
"22. 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;
"23. Expresses concern about the use of the Internet to propagate 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 implement fully articles 19 and 20 of the Covenant, which guarantee the right to freedom of expression and outline grounds on which the exercise of this right can be legitimately restricted;
"24. 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;
"25. Encourages those States that have made reservations to article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination to give serious consideration to withdrawing such reservations as a matter of priority, as stressed by the Special Rapporteur in his report to the General Assembly at its sixty-fifth session;
"26. Notes the importance of strengthening cooperation at the regional and international 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;
"27. Stresses the importance of cooperating closely with civil society and international and regional human rights mechanisms in order to counter effectively all manifestations of racism, racial discrimination, xenophobia and related intolerance, as well as extremist political parties, movements and groups, including neo-Nazis and skinhead groups, and similar extremist ideological movements;
"28. Encourages States parties to the International Convention on the Elimination of All Forms of Racial Discrimination to ensure that their legislation incorporates the provisions of the Convention, including those of article 4;
"29. 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 International Convention on the Elimination of All Forms of Racial Discrimination;
"30. 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;
"31. Also 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 recommendations in his future reports and seek and take into account in this regard the views of Governments and non-governmental organizations;
"32. Requests the Special Rapporteur to prepare, for submission to the General Assembly at its sixty-eighth session and to the Human Rights Council at its twenty-third session, reports on the implementation of the present resolution, in particular regarding paragraphs 4, 5, 7, 8, 13 and 14 thereof, based on the views collected in accordance with the request of the Commission on Human Rights, as recalled in paragraph 31 above;
"33. Expresses its appreciation to those Governments that have provided information to the Special Rapporteur in the course of the preparation of his report to the General Assembly, and notes with appreciation the increase in such contributions received from States;
"34. 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, as well as extremist ideological movements that incite racism, racial discrimination, xenophobia and related intolerance;
"35. Encourages Governments and non-governmental organizations to cooperate fully with the Special Rapporteur in the exercise of the tasks outlined in paragraph 31 above;
"36. 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;
"37. Decides to remain seized of the issue."

8. At its 43rd meeting, on 26 November, the Committee had before it a revised draft resolution (A/C.3/67/L.55/Rev.1) submitted by the sponsors of draft resolution A/C.3/67/L.55 and Angola, India, Iraq and the United Republic of Tanzania.
9. At the same meeting, a statement was made by the representative of the Russian Federation, who revised the draft resolution as follows:

Operative paragraph 16, which read:
"16. Emphasizes the recommendation made by the Special Rapporteur to the General Assembly at its sixty-fourth session regarding the importance of history classes in teaching the dramatic events and human suffering that resulted from the ideologies of Nazism and Fascism",
was replaced by:
"16. Emphasizes the recommendation of the Special Rapporteur presented at the sixty-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".

10. Also at its 43rd meeting, the Committee adopted draft resolution A/C.3/67/L.55/Rev.1, as orally revised, by a recorded vote of 120 to 3, with 57 abstentions (see para. 22, draft resolution I). The voting was as follows: |1|
In favour:

Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Botswana, Brazil, Brunei Darussalam, Burundi, Cambodia, Cameroon, Cape Verde, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote d'Ivoire, Cuba, Democratic People's Republic of Korea, Democratic Republic of the Congo, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Ghana, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Israel, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Lao People's Democratic Republic, Lebanon, Libya, Madagascar, Malaysia, Maldives, Mauritania, Mauritius, Mexico, Mongolia, Morocco, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, Oman, Pakistan, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Serbia, Sierra Leone, Singapore, Solomon Islands, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tajikistan, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, United Arab Emirates, United Republic of Tanzania, Uruguay, Uzbekistan, Vanuatu, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.

Against:

Canada, Marshall Islands, United States of America.

Abstaining:

Afghanistan, Albania, Andorra, Australia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Fiji, Finland, France, Gambia, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Malawi, Mali, Malta, Monaco, Montenegro, Mozambique, Netherlands, New Zealand, Norway, Panama, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Samoa, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Ukraine, United Kingdom of Great Britain and Northern Ireland.

11. At the same meeting, statements were made before the vote by the representatives of Belarus and the United States of America; statements were made after the vote by the representatives of Switzerland, Norway, Cyprus (on behalf of the European Union), Portugal and Argentina (see A/C.3/67/SR.43).
[Source: United Nations A/67/455, General Assembly, pp. 3-10, New York, 04Dec12]

Notes
1. The delegations of Timor-Leste and Togo subsequently indicated that they had intended to vote in favour. [Back]

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