Resolution adopted by the General Assembly on 18 December 2009  [on the report of the Third Committee (A/64/437)]  64/147. Inadmissibility of certain 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, 0F 1  the International Covenant on Civil and Political Rights, 1F 2  the  International Convention on the Elimination of All Forms of Racial Discrimination2F3  and other relevant human rights instruments,    Recalling the provisions of Commission on Human Rights resolutions 2004/16  of 16 April 2004 3F4 and 2005/5 of 14 April 2005 4F5 and relevant Human Rights Council  resolutions, in particular resolution 7/34 of 28 March 2008, 5F6 as well as General  Assembly resolutions 60/143 of 16 December 2005, 61/147 of 19 December 2006,  62/142 of 18 December 2007 and 63/162 of 18 December 2008 on this issue and  resolutions 61/149 of 19 December 2006, 62/220 of 22 December 2007 and 63/242  of 24 December 2008 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, inter alia, the SS organization and all its integral  parts, including the Waffen SS, as criminal and declared it responsible for many war  crimes and crimes against humanity,  _______________  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 and Corr.1 and 2), chap. II, sect. A.  6 See Official Records of the General Assembly, Sixty-third Session, Supplement No. 53 (A/63/53), chap. II.   A/RES/64/147  2    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, 6F 7  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, 7F8 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,    Recalling that the sixty-fourth session of the General Assembly coincides with  the sixty-fifth anniversary of victory in the Second World War,    1.  Reaffirms the relevant provisions of the Durban Declaration 0H7 and of the  outcome document of the Durban Review Conference, 1H8 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 with appreciation 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 63/162; 8F9    3.  Expresses its appreciation to the United Nations High Commissioner for  Human Rights for her commitment to maintain the fight against racism 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 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;    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 urges States in this regard to fully comply with their relevant  obligations, inter alia, under article 34 of Additional Protocol I to the Geneva  Conventions of 1949; 9F10    6.  Notes with concern the increase in the number of racist incidents in  several countries and 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 ethnic, religious or cultural communities and national  minorities, as observed by the Special Rapporteur on contemporary forms of racism,  racial discrimination, xenophobia and related intolerance in his latest report;  _______________  7 See A/CONF.189/12 and Corr.1, chap. I.  8 See A/CONF.211/8, chap. I.  9 See A/64/295.  10 United Nations, Treaty Series, vol. 1125, No. 17512.   A/RES/64/147  3    7.  Reaffirms that such acts may be qualified to fall within the scope of  activities described in article 4 of the International Convention on the Elimination of  All Forms of Racial Discrimination2H3 and that they may represent a clear and  manifest abuse of the rights to freedom of peaceful assembly and of association as  well as the rights to freedom of opinion and expression within the meaning of those  rights as guaranteed by the Universal Declaration of Human Rights, 3H1 the  International Covenant on Civil and Political Rights 4H2 and the International  Convention on the Elimination of All Forms of Racial Discrimination;    8.  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 those who fought  against the anti-Hitler coalition and collaborated with the Nazi movement, and  poison the minds of 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 goals and principles of the  Organization;    9.  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;    10. 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;    11. 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 in his report to the General  Assembly;    12. Emphasizes the recommendation of the Special Rapporteur regarding the  importance of history classes in teaching the dramatic events and human suffering  that resulted from the ideologies of Nazism and Fascism, especially in view of the  upcoming sixty-fifth anniversary of victory in the Second World War;    13. 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;    14. 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;    15. Reaffirms that, according to article 4 of the International Convention on  the Elimination of All Forms of Racial Discrimination, States parties to that  instrument are, inter alia, under the obligation:    (a)  To condemn all propaganda and all organizations that are based on ideas  of racial superiority or that attempt to justify or promote racial hatred and  discrimination in any form;   A/RES/64/147  4    (b)  To undertake to adopt immediate and positive measures designed to  eradicate all incitement to, or acts of, such discrimination with due regard to the  principles embodied in the Universal Declaration of Human Rights and the rights  expressly set forth in article 5 of the Convention;    (c)  To 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;    (d)  To declare illegal and prohibit organizations and organized and all other  propaganda activities that promote and incite racial discrimination and to recognize  participation in such organizations or activities as an offence punishable by law;    (e)  To prohibit public authorities or public institutions, national or local,  from promoting or inciting racial discrimination;    16. Reaffirms also 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 the dissemination of ideas based on racial  superiority, hatred, acts of violence or incitement to such acts shall be declared  offences punishable by law, and that these prohibitions are consistent with freedom  of opinion and expression;    17. Underlines, at the same time, the positive role that the exercise of the  right to freedom of opinion and expression, as well as the full respect for the  freedom to seek, receive and impart information, can play in combating racism,  racial discrimination, xenophobia and related intolerance;    18. 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;    19. Recalls the request of the Commission on Human Rights in its resolution  2005/5 5H5 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;    20. Requests the Special Rapporteur to prepare, for submission to the  General Assembly at its sixty-fifth session and to the Human Rights Council, reports  on the implementation of the present resolution based on the views collected in  accordance with the request of the Commission on Human Rights, as recalled by the  Assembly in paragraph 19 above;    21. 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;    22. Encourages Governments and non-governmental organizations to  cooperate fully with the Special Rapporteur in the exercise of the tasks outlined in  paragraph 19 above;    23. Decides to remain seized of the issue.