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Regarding the situation with the glorification of and the spread of Neo-Nazism and other practices that contribute to fuelling contemporary forms of , racial , and related intolerance

REPORT OF THE MINISTRY OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION

2019

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Contents Introduction ...... 4 Albania ...... 9 ...... 11 ...... 14 Australia ...... 16 ...... 21 ...... 29 ...... 30 Bosnia and ...... 32 Brazil ...... 38 ...... 42 ...... 46 ...... 53 ...... 55 ...... 56 Cuba ...... 65 ...... 69 ...... 71 ...... 74 ...... 77 Finland ...... 82 ...... 88 ...... 93 ...... 95 Greece ...... 106 Hungary...... 113 Iceland ...... 115 India ...... 117 Ireland ...... 119 ...... 121 ...... 129 Jamaica ...... 136 ...... 137 3

Kuwait ...... 140 ...... 142 ...... 147 Luxembourg ...... 152 Malta ...... 155 ...... 160 Montenegro ...... 165 Morocco ...... 169 The ...... 171 ...... 175 North Macedonia ...... 177 ...... 180 ...... 186 Portugal ...... 199 Qatar ...... 201 ...... 204 San Marino ...... 211 ...... 213 ...... 222 ...... 226 ...... 231 Tajikistan...... 234 Turkmenistan ...... 238 ...... 240 The ...... 251 The ...... 260 ...... 274 Uzbekistan ...... 276 ...... 280 ...... 289 South ...... 293 ...... 298 ANNEXES ...... 306

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Introduction This report represents a further effort by the Ministry of Foreign Affairs of the Russian Federation to attract attention of the international public to the ever more vivid manifestations of Nazism, Neo-Nazism, xenophobia and related intolerance observed in a number of countries. In spite of the legal mechanisms developed and functioning in the framework of the , OSCE and the Council of Europe that disavow, condemn and aim to prevent the glorification of Nazism, xenophobia and related intolerance, what we see today in a range of countries is a blatant of Nazi ideas and values, the rise of national radicalism and intensified attempts to split the society on ethnic and language grounds. The Russian Federation is especially concerned about the increasingly active campaign to revise the history of the Second World War, cynical attempts to whitewash war criminals and their accomplices, those who developed and implemented the racial supremacy theory, and to present Nazi collaborators as participants in national liberation movements, and blasphemous efforts by political elites of a number of Western and East European countries to destroy historical memory. Such irresponsible actions incompatible with international obligations of the countries have led to the emergence in Europe of a generation that does not know the truth about the most horrible war in the history of mankind, including about the intended purpose and numerous war crimes of the units of the SS organization recognized as criminal by the Nuremberg Tribunal. Another cause of concern is a growing number of xenophobic and racist incidents, manifestations of aggressive and chauvinism, and other forms of racial and in the European Union, the United States, Canada, Ukraine and some other countries where inaction in the face of manifestations of racism and intolerance have been justified by references to allegedly absolute character of the freedom of opinion. 5

Against that backdrop, there has seriously worsened the situation with the protection of rights, especially linguistic and educational, of national minorities and ethnic groups in the Baltic countries and Ukraine. Measures taken in the relevant areas can only be described as discriminatory. The Russian Federation views all that as a direct threat to the basic values of democracy and , and as a major challenge to international and regional security and stability as a whole. We are convinced that uniting countries' efforts in rejecting false values of supremacy of one nation, one religion or one culture over other nations, religions or cultures is the most urgent task in combating the glorification of Nazism and other practices fueling racism and . In this context, the Russian Federation annually introduces to the UN General Assembly the draft resolution "Combating glorification of Nazism, neo- Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". In 2018, 54 states became co-authors of this document, adopted by the 73-rd session of the UN General Assembly. A total of 129 States voted for the resolution. The USA and Ukraine voted against, and 54 delegations, including all the member- countries of the European Union, abstained. The resolution condemns the glorification of the Nazi movement and former members of the Waffen SS, 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. It is emphasized that the erecting of monuments in the honour of members of the SS and the holding of their processions and other similar actions do injustice to the memory of countless victims of , negatively influence the raising generation, and are absolutely incompatible with the obligations of the UN Member States. Neither can the co-authors of the resolution ignore the fact that some countries persistently try to elevate to the rank of national heroes and heroes of national 6 liberation movements those who fought against the anti-Hitler coalition or collaborated with Nazis. The Russian Federation and those who hold the same views as we do are convinced that we are referring here not to the but to the most blatant cynicism and blasphemy towards those who had liberated the world from the horrors of national-socialism. The resolution underlines that such actions amount not to the respect but to clear and outright abuse of to freedom of peaceful assembly and of association, as well of the right to freedom of opinion and expression. More than that, such actions can fall under the Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination that requires the Convention States Parties to prosecute them criminally. The document introduced to the UN General Assembly also underlines that such practices fuel contemporary forms of racism, racial discrimination and xenophobia, contribute to the spread and multiplication of various extremist political parties, movements and groups, including neo-Nazis and . The provisions of the international treaties on the human rights establish essential legal framework for countering negative phenomena and the basis for developing multilateral cooperation. First of all, we are referring to the International Convention on the Elimination of All Forms of Racial Discrimination. It is worthwhile mentioning that the overwhelming majority of the UN Member States, including all those countries that are voting against the Russian initiative or abstaining, are States Parties to this Convention. According to Article 4 the States Parties of the Convention are, inter alia, obliged: to condemn all propaganda and all organizations which are based on ideas or theories of superiority 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; to declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred; to declare illegal and prohibit organizations, and also organized and all other propaganda 7 activities, which promote and incite racial discrimination, and recognize participation in such organizations or activities as an offence punishable by law. This article constitutes one of the key provisions of the Convention. Its importance lies above all in the fact that it draws a distinct line between criminal acts and the right to freedom of assembly and association and to freedom of opinion and expression. This is why one cannot accept the claims made by individual states that the meetings organized by Waffen SS veterans, erection of monuments to Nazis and other manifestations represent purportedly nothing more than the exercise of the freedom mentioned above. In this regard, we believe it necessary that states withdraw their reservations to this treaty, including those to Article 4, as soon as possible. The Russian Federation welcomes the fact that the realizes the reality of the threat of a resurgence of Nazism: its resolution on "The rise of neo- violence in Europe" of October 25, 2018, makes references to the specific manifestations of violence of a Fascist character and hate, racist and xenophobic crimes in Europe, including annual commemorations of Waffen SS veterans in Riga as well as atrocities committed by Ukrainian nationalists. We trust that together with the European Parliament members the threat of a resurgence of Nazism is realized also by EU Member States themselves including at the levels of legislative and executive branches of power. We believe that official condemnations alone in this respect are not enough. Concrete decisive steps are required including an impartial and efficient monitoring of manifestations of neo-Nazism and consistent steps aimed at criminalizing it at the national level. The threat posed by neo-Nazism has been repeatedly noted by the Special Rapporteur of the UN Human Rights Council on contemporary forms of racism. In particular, T.Achiume, the present holder of this mandate, pointed out in the thematic report to the 38th session of the Council in June 2018 (A/HRC/38/53) 8 that neo-Nazism is more than just the glorification of a past movement; it is a contemporary movement with strong vested interests in racial inequality. Moreover, neo-Nazism today regularly combines with other of racial superiority or hatred as a means of widening acceptance and strengthening its support base. Unfortunately political leaders and public officials of up to the highest level participate in this movement. The importance "of history classes in teaching the dramatic events and human sufferings which resulted out of ideologies such as Nazism and Fascism" was emphasized also by a previous Special Rapporteur of the HRC for this issue during the 64th UN General Assembly session (A/64/295) in 2009. On the basis of data from international and national sources, the present report summarizes evidence-based information on manifestations in any form of the glorification of the Nazi movement, neo-Nazism, racism, racial discrimination, xenophobia and related intolerance in the focus countries, as well as the examples of the best practices of combating these challenges at the legislative and practical levels.

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Albania During World War II, Albania was occupied by Fascist Italian troops and later by German Nazis. In 1944, the were able to liberate the country's territory without resorting to direct foreign assistance. Over the next four decades, the country was ruled by communist , which is why today members of the Socialist more and more often talk about the need to reconsider the history of the Albanian people's struggle against Fascism, wishing to show their Western allies and the Albanian public that they have nothing to do with their party's predecessors. In 2005–2013, the ruling promoted the idea of "equal responsibility of totalitarian regimes", which resulted in the renaming of places bearing the names of communist fighters against Fascism and in the attempts to rewrite the history of achievements made during the anti-Fascist struggle, including relations with the USSR. At the end of 2018, the remains of Midhat Frasheri, the "national hero" and the leader of the collaborationist anti-Communist National Front, which was in power during the military occupation of Albania, were reburied in the center of Tirana. The authorities ignored the disapproval expressed by members of the Organization of Veterans of the Anti-Fascist National Liberation Struggle of the People of Albania and the Organization of the of Patriots Who Sacrificed Their Lives for the Homeland. There have been no attempts to glorify the Nazis or to hold neo-Nazi marches or rallies in the country. At the same time, experts emphasize that the Albanian leadership, both socialists and democrats, has consistently sought to review the results of World War II. The country produces printed materials describing the results of World War II in accordance with a pro-Western interpretation. Members of the "armed forces" are invited to celebratory parades (during the war a significant number of Kosovars fought in the SS units). A governmental commission has been set up to draw up a new version of 10

Albanian history for educational institutions. European (German) experts will be responsible for editing the section devoted to the developments that took place in the 1940s and 1950s. Anti-fascist veterans have a negative attitude towards such hidden propaganda by the authorities, viewing it as an attempt by forces to diminish the merits of patriots in the liberation of the country, to obliterate the role of Communist partisans and to whitewash Albanian Nazi collaborators.

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Argentina Argentina is a multinational country, and throughout most of its history it adopted laws to encourage immigration and create conditions for the integration of migrants. On the whole, discrimination on grounds of ethnic origin is uncommon for the Argentine society. In recent years, however, the increasing migration inflows coupled with the social and economic crises give rise to sporadic manifestations of racism and xenophobia, including against non- citizens and migrants. Besides, the exacerbating crime situation and intensified activities of transnational criminal groups closely related to illegal migration make the government tighten migration control and phase out the policy aimed at encouraging immigration.1 The Constitution of Argentina, which proclaims equality and rejects racial or ethnic superiority, is the main legislative instrument against discrimination, along with the 1988 National Anti-discrimination Act. Promotion of the supremacy of one race over another and other types of discrimination, including , dissemination of such ideas in public places, through the media or the , as well as the financing of such activities, are punishable by imprisonment for up to three years. The National Institute Against Discrimination, Xenophobia and Racism (INADI) is responsible for monitoring the situation to identify deliberate infringements on the rights and interests of particular groups of population. The National Action Plan on Human Rights 2017–2020 adopted by the Government of Argentina also provides for measures to combat discrimination on grounds of cultural or national identity and to protect the rights of migrants, refugees and indigenous persons. There is also a platform for the Internet without discrimination designed for monitoring and ensuring free use the

1 In his thematic report (A/HRC/38/52) at the 38th session of the Human Rights Council in June 2018, the UN Special Rapporteur on contemporary forms of racism also highlighted an increase in manifestations of racism and xenophobia in this context. 12

Internet and at the same time preventing dissemination of ideas of racism, xenophobia and intolerance.2 Currently there are no attempts to glorify , former SS members and their accomplices at the national level (despite the fact that, according to experts, after World War II over 300 war criminals, including and , found refuge in Argentina). No public demonstrations under the Nazi and neo-Nazi banners are held. There are no monuments or memorials in tribute to the Nazis and their accomplices. In 1997, a special commission was set up to track down Nazi activities in the country (it particular, it contributed to drawing up a list of war criminals who arrived in Argentina), which continued its work until mid-2000s. Neither Argentine authorities nor any political or social movements have ever impeded the celebration of major events of the Great Patriotic War and , including Immortal Marches. At the international level, Argentina voted in favor of a -sponsored UNGA resolution entitled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". Argentina is home to the largest in America Jewish (about 200,000 people, or 0.5 percent of the overall population), which includes former prisoners of concentration camps and their descendants. With the support of local authorities, members of the diaspora organize events to celebrate the Victory over Nazism and commemorate the victims of . In 2000, the Holocaust Museum was opened in . A number of Jewish organizations operating in Argentina, including the Delegation of Argentine Israeli Associations (DAIA), monitor the manifestations of Nazism, neo-Nazism and racial discrimination, especially

2 The report by the UN Special Rapporteur on contemporary forms of racism at the 72nd session of the UN General Assembly. October 2018. A/72/291. 13 those against Jewish people. For the last 20 years, the DAIA has published annual reports on anti-Semitism in the country. According to these reports, in 2018, 72 percent of Argentine faced because of their ethnic identity, 57 percent of them had to deal with direct aggression, while 90 percent of incidents reported through hot-lines involved offensive language in the Internet. Over recent decades, there have been two major terror attacks against Jewish people: the attack next to the Israeli embassy on 17 March 1992 (22 killed and 242 injured) and that in the headquarters of AMIA, the Argentine Israelite Mutual Association on 18 July 1994 (85 killed and 300 injured). No final verdicts have been issued on those crimes. Besides, there are publications about the activities of Bandera Vecinal, a far-right political association whose members have been repeatedly accused of anti-Semitism and xenophobia. Recently, according to observers, the movement has launched a campaign to nominate its leader A. Biondini for the presidential election in 2019 as an attempt to assert itself as a political force.34

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Armenia As for preserving the historical memory of the role of the people in defeating the Third , as well as countering the attempts to falsify the history of World War II and glorify Nazism, the Republic of Armenia has taken an approach consolidated with Russia and supports UN General Assembly draft resolution "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". In 2007, Armenia’s Government approved a list of monuments protected and owned by the State and not subject to alienation, which includes 500 memorials to the Great Patriotic War. The Immortal Regiment marches on May 9 in the Armenian capital, which is supported by the state authorities and attended by the leadership of the country. There were neither blatant attempts to rehab Nazism, nor Neo-Nazism sentiments in Armenia. At the same time, the former ruling Republican party of Armenia took steps to memorize Garegin Nzhdeh, a controversial nationalist politician, who was reportedly involved in cooperation with the Third Reich. Among nationalist political organizations of Armenia one can mention Sasna Tsrer, which became a registered political party in autumn 2018. Its is based on non-recognition of the Republic of Armenia a product of a criminal deal between and Russia (the 1921 Treaty of ), as well as on fight for a new State. The party’s declared goals include creating a new Armenia, including both today’s territory of the country and Karabakh, as well as bringing Armenians who reside outside the country together via referendum. The party’s programme focuses on returning the rights allegedly violated by the Russian colonialism, and on returning Armenia’s right to Nakhchivan and western side of the Akhuryan river. In July 2016, armed members of the party took the Police Station building over in Yerevan. Two 15 police officers were killed. At the Parliamentary elections in December 2019, the party received 1.82 per cent of the vote. National minorities (the , Assyrians, Kurds, Greeks and others), according to official information, are well integrated in the Armenian society and have no problems in the field of human rights. There have been few manifestations of racism and xenophobia in Armenia. However, there have been cases of Armenians’ hostile behavior towards those who came from Iran and India, which is often linked to foreigners’ misconduct. In late 2018, Human Rights Defender of the Republic of Armenia Arman Tatoyan reported on the increased use of internet to disseminate xenophobia sentiments, claiming that prior to the parliamentary elections the country’s domestic political situation was aggravated. Article 226 of the Criminal Code of the Republic of Armenia "Inciting national, racial or religious hatred" establishes criminal liability for dissemination of ideas of racial superiority and discrimination, as well as violence motivated by the grounds in question. Under this Article, actions aimed at inciting national, racial or religious hatred, promoting racial superiority or humiliating national dignity, are punishable by criminal law, including 2-4 years’ imprisonment. The same actions committed with the use of mass media, violence or threat of violence, by abuse of official position, or by an organized group, are punished with 3 to 6 years’ imprisonment. Developing a culture of tolerance, respect for national and religious is a part of educational process and an integral element of the education of the young generation in Armenia. From time to time, the relevant bodies carry out informational and explanatory work with the media with a view to observing journalistic ethics, in particular, preserving the border between freedom of expression and violation of human rights. 16

Australia People in Australia have a relatively objective perception of World War II. There have been no attempts to glorify Nazi Germany, the Nazis and their accomplices at the national level or build monuments in their memory. War memorials commemorating the soldiers of the anti-Hitler coalition, including a commemorative plaque in Beverley Park, Sydney, honoring Soviet soldiers, are protected by the government, and there have been no cases of desecration. Organizations of World War II veterans of Soviet origin operate on a voluntary basis and receive support from local authorities. Australian authorities have never impeded commemorative activities in tribute to World War II. About 70 nationalist organizations are currently registered in Australia (a 28 percent increase as compared with 2010), including Antipodean Resistance, which openly advocates for National Socialism and praises the ideas of the Third Reich. There is also a non-profit organization called the Australian Federation of Ukrainian Organizations (AFUO)5, which disseminates propaganda justifying crimes of the . Among its ideologists are S. Romaniv, Head of the AFUO, and V. Viatrovych, Director of the Ukrainian Institute of National Remembrance and one of the activists. Nationalists use the Internet and to propagate their narratives. In 2017, the authorities blocked Iron March6 and Antipodean Resistance7 , which had gained great popularity among the proponents of racist ideology in Australia. Currently there is another belonging to a US-Australian forum called Daily Stormer8, which provides the audience with

5 https://www.ozeukes.com/ 6 https://www.ironmarch.org/ 7 https://www.antipodean-resistance.info/ 8 https://www.dailystormer.name/tag/australia 17 information about neo-Nazi ideas and has access to web-pages of nationally distributed newspaper The Australian. Australia has two far-right parties that are represented in the Federal Parliament and receive limited support from the voters – namely, 's One Nation Party (two seats in the Senate) and Katter's Australian Party (one seat in the House of Representatives), which consistently advocate for curbing the inflow of migrants. Similar ideas are promoted by independent senator F. Anning, who called for denying entry into the country's territory to citizens of Islamic states when speaking from the rostrum of Parliament in August 20189. Contrary to the policy of proclaimed by the Australian government, there have been manifestations of intolerance based on ethnic origin. Thus, in April 2015, massive demonstrations under far-right banners10 took place in 16 towns in the wake of the terrorist attack in Sydney's Lindt Cafe (December 2014) committed by a migrant of Iranian origin, M. Monis. The protesters called for restricting the entry of foreigners from Asia and the Middle East, and a number of activists used Nazi symbols. Discrimination of Australia's indigenous population (their number is estimated at about 500,000) in major spheres of public life, including health and education, remains a significant challenge. Since 2008, Australia has implemented a governmental initiative known as Closing the Gap; however, according to the 11th annual progress report by the Austrian government (February 2019)11, experts estimated the outcomes of the Programme as unsatisfactory. Out of the seven targets set out in the Programme, only two are being implemented on schedule, namely in field of education (for Aboriginal schoolchildren who completed 12 years of education) and access to

9 https://www.abc.net.au/news/2019-01-07/fraser-anning-has-stood-by-his-decision-to-attend-protests/10688812 10 https://www.theguardian.com/australia-news/2015/nov/22/five-people-arrested-as-violent-clashes-break-out- at-reclaim-australia-rallies 11 https://ctgreport.pmc.gov.au/sites/default/files/ctg-report-2019.pdf?a=l 18 early childhood education. As of 2019, 61.5 percent of indigenous Australians aged 20–24 attained Year 12 qualifications, compared to only 45.5 percent in 2008. The share of Aboriginal four-year-olds enrolled in early childhood education reached 95 percent. According to the report, the Programme's target indicators are yet to be attained in such areas as life expectancy among Aboriginals, reduction of child mortality, school education, literacy levels and unemployment. There has been no progress in closing the gap in life expectancy between Aboriginal and non-indigenous Australians by 2031. On average, Aboriginal men live 10.6 years less than non-indigenous men. For women, this gap stands at 9.5 years. Data on life expectancy are differentiated by states. For instance, in Western Australia the death rate among has reduced by 30 percent since 1998, while in and South Australia this indicator has remained almost unchanged over the same period. The situation with child mortality remains challenging as well – the gap between the corresponding figures for indigenous and non-indigenous Australians is more than 200 percent. For example, the national average is less than 100 cases per 100,000 people, while the Aboriginal population has a child mortality rate of 165 cases; the highest number of deaths (333 per 100,000 people) has been recorded in the Northern Territory. Experts emphasize that an unsystematic vaccination of indigenous Australians is one of the factors that contribute to such a high child mortality rate. There is a considerable gap in the number of people enrolled in educational institutions: about 82 percent for the indigenous population and 93 per cent for the Australians of European descent. The unemployment rate among Aboriginal peoples amounts to 51.6 per cent (an increase as compared to 46.2 percent in 2008). Experts also indicate that indigenous children are 10 times more likely to be removed from their families by child protection services than non-indigenous children. 19

Statistically, indigenous Australians make up almost one quarter of Australia's population.12 Thus, the imprisonment rate among the Aboriginal population (approximately 10,000 out of 500,000) is almost 16 times higher than among non-indigenous Australians (about 30,000 out of 24 million). Experts are also discouraged by unsuccessful attempts at involving Aboriginal-led organizations, including the Australian Indigenous Education Foundation, in the efforts to implement the Programme. While emphasizing the importance of developing decision-making models with greater involvement of local communities, experts emphasize the need to take into account the appeal submitted by indigenous peoples to the Australian Government in 2017 for enshrining in the Constitution of Australia the right of Aboriginal people to have a representative body in the country's Parliament. However, the governing coalition has stubbornly refused to put the issue to a referendum. Issues of fighting Nazism, neo-Nazism, racism and xenophobia are regulated by the 1995 Racial Hatred Act13, which renders unlawful any act that is likely to offend people on the ground of race, color or national or ethnic origin, as well as wearing or use of Nazi symbols in public places and racist speech in public. For such acts, the law stipulates administrative liability in the form of public apology and monetary fines. The 1995 Criminal Code of Australia has no articles related to manifestations of Nazism, racism and xenophobia.14 Criminal liability for racial discrimination is only applied in Western Australia15, in accordance with regional legislation. For many decades, Australia has pursued the policy of multiculturalism based on the idea of social cohesion and peaceful coexistence among different ethnic groups. In March 2017, the Federal Government issued a declaration

12 https://www.alrc.gov.au/sites/default/files/pdfs/publications/surnmary_report_133_amended.pdf 13 https://www.legislation.gov.au/Details/C2004A04951 14 https://www.legislation.gov.au/Details/C2017C00235 15 https://www.humanrights.gov.au/publications/racial-hatred-act-what-racial-hatred-act 20 titled "Multicultural Australia: United, Strong, Successful", which prioritizes the principle of eliminating all inter-ethnic, inter-cultural and inter-faith conflicts. Harmony Day (21 March) has been celebrated in Australia since 1999 in parallel with the International Day for the Elimination of Racial Discrimination. On this day, schools and colleges hold special lessons on friendship with a view to promoting interaction between Australians and people of other faiths and cultures. Many universities have introduced disciplines and programmes in the field of multiculturalism.

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Austria After World War II, Austria faced an urgent task to develop effective legal mechanisms that could prevent the revival of Fascism. The priority was to avoid reemergence of associations and parties espousing Fascism, Nazism, neo- Nazism or other types of Fascist ideology. 's international legal obligations on fighting Nazism stem from the provisions of the Treaty for the Re-establishment of an Independent and Democratic Austria of 15 May 1955, according to which (Articles 9 and 10) the government undertook to eliminate all traces of Nazism from Austrian political, economic and cultural life, to ensure that such organizations did not reemerge in any form and to prevent all Nazi and militarist activity and propaganda in the country. In its first declaration, the provisional government of the Republic of Austria, which was formed in April 1945, introduced criminal charges for crimes committed by the Nazi regime. For this purpose, on 8 May 1945, it adopted the Constitutional Law on the Prohibition of the National Socialist German Workers' Party (NSDAP) (Prohibitory Law) and later, on 26 June 1945, the Constitutional Law on War Crimes and Other National Socialists' Atrocities (Law on War Crimes). These laws remain in effect (with amendments introduced in the process of improving post-war legislation). Paragraph 1 of the Prohibitory Law bans the NSDAP, its military formations (SS, SA, NSKK, NSFK), entities and incorporated associations, all National Socialist organizations and bodies without exception, as well as the resumption of their activities. Paragraph 3 specifies that any activities on behalf of the NSDAP or its objectives are prohibited, even if such activities are pursued outside the organization. Persons that continue to be members of the party or support its objectives are found guilty of committing a crime punishable by death and confiscation of property. On grounds of extenuating circumstances, the death 22 penalty can be commuted to imprisonment for 10 to 20 years and confiscation of property. In 1992, the Prohibitory Law was amended to increase the criminal penalty for any attempts at restoring or providing support to prohibited Nazi organizations. At the same time, the amendments introduced no change with regard to the maximum penalty, which is life imprisonment, and reduced the minimum one. The amendments increased the penalty for promoting Nazi ideology through distribution of publications or fiction works and introduced a new offence, stipulating criminal penalty for denying the and committed by the Nazis and for espousing National Socialist ideology. Nazi criminals can also be subject to the provisions of the Law on War Crimes. According to Austrian sources, in the post-war period 13,607 convictions, including 43 death penalties and 29 life sentences, were handed down in accordance with the Law. At the same time, Austria's Jewish associations believe that today the Law is practically inoperative. The 2017/18 report by the Center office in criticizes Austria for the fact that over 30 years not a single Nazi criminal has been convicted in the country. In 2011, Austria established the Research Agency for Postwar Justice to identify such criminals – however, it has failed to achieve any tangible results so far. The right-wing extremist environment in Austria is heterogeneous and comprises different kinds of organizations, which include so-called ideological parties, unions and "friends' groups", as well as individual revisionist activists who deny Germany's responsibility for unleashing World War II and the Holocaust and downplay the seriousness of other crimes committed by the National Socialist regime. As an "ideological basis", they use "works" written by revisionist pseudo-historians from Germany, the United States, Canada and 23 the United Kingdom. Such propaganda is prohibited by national legislation, so they promote their ideas from abroad, including through the Internet. Another part of the spectrum comprises groups (mainly regional) of a youth right-wing extremist "subculture", neo-Nazi "fellowships" (including online), the movement and individual activists from marginalized groups of society. This category may also include well-organized groups of far- right fans. Though the ideological component is of secondary importance for these groups, they are highly mobile, active and prone to violence. Law enforcement agencies pay special attention to the activities of "idea- driven" right-wing extremists who try to recruit inexperienced and ideologically uncommitted young people, primarily from among skinheads. To promote their narratives, right-wing extremists organize demonstrations, protests and walkouts (including unauthorized ones) and use print media (such as Die Aula, Phoenix, Neue Ordnung, Heute, Der Eckart, etc.). The role of the Internet has significantly increased, especially social media, which are actively used by right-wing extremist groups to propagate their "ideas". In some cases, law enforcement agencies manage to identify this kind of websites, but often find it problematic to block them since the majority of them are hosted on foreign servers. Austrian right-wing extremists maintain ties with their "colleagues" in Germany, Italy, Spain, Switzerland, Hungary, the Czech Republic, Norway, Sweden and Belgium. Organized groups and individual activists regularly participate in demonstrations and marches in other countries, mostly in Germany. Amid the spread of migrant-phobia, the police record an increasing number of offenses committed by local population, in particular attacks against temporary shelters for migrants (damage to property, , etc.). The Racism Report 2017 published in March 2018 by Civil Courage and Anti-Racism Work (ZARA), human rights NGO, took notice of the growing tensions in terms of 24 social attitude towards people of different races and faiths. In 2017, there were 1,162 incidents on grounds of racial intolerance (in 2016 there were 1,107), which is the highest figure in recent years. Most of the incidents took place online (44 percent of all offenses and an increase of more than 100 percent over the last two years), in public places (15 percent) and in services sector (12 percent). Most frequently, such incidents involved racist speech in social media (35 percent of online offenses are against refugees), individual racism, chanting slogans and reproducing symbols pertaining to National Socialism. Against the background of an intensified public debate about the "excessive presence" of migrants and in favour of tightened immigration laws in Austria, anti-Islamic organizations are gaining popularity and expanding their ranks. The driving force behind this process is the Austrian Identity Movement (Identitare Bewegung Osterreich, IBO) represented in most federal states of Austria. Experts regard the Movement, which comprises various groups of skinheads, football and hooligans, as pertaining to the neo-Nazi wing. Hiding behind the slogans of "" as opposed to the traditional nationalism and replacing the concept of "race" with the term "culture", the organization comes out against mass migration, the ideas of multiculturalism and the of Europe and maintains close contacts with "partner" organizations in Germany, France and Italy. There are no separate regulations on countering extremist manifestations in Austrian legislation. Besides, there is no clear definition of "" in the country's legal practice. The Prohibitory Law (the Constitutional Law on the Prohibition of the National Socialist German Workers' Party (NSDAP) (Verbotsgesetz)), the Criminal Code (, StGB), the Insignia Act (Abzeichengesetz) and the Code of Administrative Offences specify those offenses that could fall within the scope of this term. The 1960 Insignia Law is aimed at combating right-wing extremist acts which are most common in Austria. It bans public use of symbols (signs, 25 emblems, uniforms, etc.) belonging to prohibited Fascist or Nazi organizations, including similar symbols and those used as substitute. This constitutes an administrative offence punishable by a fine of up to EUR 4,000 or arrest for up to one month (with the exception of theatrical and fiction works, as well as exhibits and printed materials, unless such symbols are used for propaganda or cultivation of positive attitude towards Nazism). In March 2019, Austria banned the symbols belonging to 13 extremist organizations, including the Croatian Ustashas, the Muslim Brotherhood, , Hamas, the Kurdistan Workers' Party and the Turkish nationalist Grey Wolves movement. Those who violate the Law face a fine of EUR 4,000 and in case of repeated violation, up to EUR 10,000. Article 283 of the Criminal Code stipulates criminal penalties for extremist acts (incitement to violence, infliction of bodily injuries, threats to life and health, etc.) and other acts (damage to property, etc.) in relation to persons, groups of persons, religious or church associations on grounds of race, language, nationality, religion, philosophical convictions, ethnic origin, gender, age or sexual orientation. Article 33 provides that manifestations of racism (especially against persons referred to in Article 283) constitute an aggravating circumstance in the commission of unlawful acts. The Code of Administrative Offences is applicable where an extremist act has no serious negative impact on society or inflicts insignificant damage and as such does not fall within the scope of criminal law. In particular, paragraph 4 of Article 1 of Section III prescribes fines for disseminating National Socialist ideas. Austrian authorities attach particular importance to preventive work in countering right-wing extremism, which is conducted at the level of government agencies as well as in educational institutions and individual families. In 2013, Austria adopted a plan to combat right-wing extremism, which set out a comprehensive approach to countering various right- 26 wing extremist and neo-Nazi manifestations. There is a special website where one can report, including anonymously, right-wing extremist or neo-Nazi activities. A hotline has been set up to provide expert advice. The enforcement of the 2004 Federal Equal Treatment Act (Gleichbehandlungsgesetz) aimed at eliminating discriminatory attitudes in the workplace based on gender, ethnicity, age, religion, philosophical convictions or sexual orientation contributes to promoting the principles of non- discrimination, equality, tolerance and respect for ethnic, religious and cultural diversity, in addition to the above-mentioned legal norms. The national memorial in the territory of the former concentration camp of Mauthausen plays an important role in educating the population, especially young people, in the spirit of understanding and rejection of crimes of National Socialism. The Mauthausen memorial created in January 2017 is a federal entity that provides education for young people in order to preserve the memory of the war and ensure that the evils of Nazism do not repeat in the future. Every year in May, the Austrian Mauthausen Committee (NGO) organizes events to commemorate the liberation of the camp. A lot of people participate in these events, including Austrian authorities, local communities, foreign visitors and the Vienna diplomatic corps. On the whole, Austria fulfils in good faith its obligations to care for Soviet war graves, most of which are in good condition. On 22 June 2017, in cooperation with the Interior Ministry of Austria and the Austrian Cross (NGO), a new obelisk designed by the Russian Military Historical Society was erected at Vienna's Central in memory of Soviet prisoners of war who perished in World War II. Austrian authorities respect the monuments to anti-fascist soldiers and victims of World War II, including the Holocaust. Besides, new memorials are built in the country. In 2017, a monument to Jewish victims of the National Socialist terror was set up in Baden (Lower Austria) – a joint project of the city 27 administration and the Jewish community of Baden with the support of the Future Fund of the Republic of Austria and the National Fund of the Republic of Austria. In March 2018, the supported the Wall of Names Memorial's (NGO) idea to build in Vienna a monument bearing the names of 66,000 Jews who died in Austria in 1938–1945. The government also declared its readiness to adopt a law facilitating the procedures for descendants of Jewish refugees who had fled the country in the 1930s to obtain Austrian citizenship (while keeping their current one). In recent years, there have been cases of desecration of the monument in Vienna's Schwarzenbergplat in memory of Soviet soldiers who died fighting for the liberation of Vienna: three times in 2018 (10 January, 6 March, 5 July), on 16 January 2017 and on 23 February 2015, when the foreside was daubed with paint (the culprits were not found). On 1 May 2018, there was another attempt to desecrate the monument: a group of unknown persons attempted to throw paint at the base of the monument (since there were no police in the square, the vandals escaped). The authorities installed CCTV cameras in the square to stop acts of vandalism. Austrian authorities have a balanced approach to public comments regarding the country's recent past. The priorities are gradually shifting from the perception of Austria as the "first victim of Fascism" to a greater realization of its responsibility for the crimes of the National Socialist regime. On the whole, it would be premature to say that the general public in Austria come to realize their own responsibility for what happened in the past, including their support for the Anschluss and National Socialist slogans as well as the direct involvement of in the hostilities and Nazi crimes. Austrians continue to associate Nazism with Germany. Rare publications about the disproportionately high representation of Austrians in the SS, punitive operations and war crimes appear to be quite painful to the population. Little 28 attention is paid to the issue of the 's crimes in the occupied territories. Noteworthy is the fact that Vienna is still not ready to give a critical assessment to virtual justification of the Nazis and their accomplices in the Baltic states and to the attempts of a number of European countries to rewrite the recent history by promoting the concept of "equal responsibility of totalitarian regimes". Against this background, experts also call attention to the high level of tolerance in Austrian society towards the manifestations of xenophobia, the gaps in school education and the lack of political will on the part of the authorities to prosecute Nazi criminals.

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Azerbaijan The Republic of Azerbaijan adheres to an approach similar to that of the Russian Federation in preserving the historical memory of the Soviet people's contribution to the victory over Nazism and in countering attempts to falsify the history of World War II and glorify Nazism. In 2018, Azerbaijan voted in favor of the UN General Assembly resolution entitled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". There are practically no manifestations of neo-Nazism, racism, racial discrimination and xenophobia in Azerbaijan. Azerbaijani authorities position their country as a state that provides tolerant living environment for people of diverse ethnic origins and faiths. In accordance with the Criminal Code of the Republic of Azerbaijan, the commission of a crime based on ethnic, racial or religious hatred is considered to be an aggravating circumstance at assignment of punishment. The Criminal Code also contains articles stipulating penalties for actions aimed at full or partial elimination of a national, ethnic, racial or religious group by killing its members (Article 103); of any group or organization on political, racial, national ethnic, cultural, religious or gender grounds (Article 109); acts committed with a view to ensuring the superiority of one racial group for the of another racial group (Article 111); violation of equality of citizens on the basis of race, ethnicity, religion, language, gender or origin (Article 154); actions aimed at inciting ethnic, racial, social or religious hatred and enmity, or humiliating national dignity, as well as actions aimed at restricting citizens' rights or establishing the superiority of citizens on the basis of their ethnic origin, race, social background or religion (Article 283).

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Belgium The fact that Belgium’s coalition government included Flemish nationalists (the New Flemish Alliance) until recently has not objectively contributed to the improvement of the overall situation in the country with regard to manifestations of neo-fascism, extremism, racism, xenophobia, anti- Semitism and . Belgium still has a number of neo-fascist organizations, the most prominent of which are: l’Assaut, , Vlaamse Militanten Orde, Westland New Post. A headline-making neo-Nazi parade took place in on 16 December 2018. More than five thousand protesters from far-right party Flemish Interest, as well as like-minded extremist organizations protested in front of the EU official buildings against the Global Compact for Safe, Orderly and Regular Migration (GCM). Another reason for Belgium’s public statements about the revival of "the ghost of fascism" was given by the VRT channel with its report about members of essentially fascist organization "Schild & Vrienden". At the aforementioned demonstration on 16 December 2018, its leader made a hatred speech against foreigners, media representatives and even French-speaking Belgians. In September 2018, in cooperation with the Museum of the Occupation of Latvia a monument to the Latvian legionnaires of the Waffen-SS was installed in the Zedelgem municipality. The monument is located on the site of the former prison camp where, after World War II, Latvia’s Waffen-SS legionnaires were kept. In response to the complaint by activists of the Belgian Federation of the Russian-speaking organizations to the leadership of the Commune, Zedelgem’s burgomaster Annick Vermeulen said that the monument had been installed to honour the historical ties between this Belgium town and Latvia, and to retain memory of former legionnaires just as human beings and to promote Art. 31

One should also mention a high-profile case involving a Brussels bus driver who had a tattoo with Nazi symbols (number 88, meaning "Heil Hitler", with a fascist eagle underneath). The transport company found it a violation of democratic values (the driver was fired). One may condemn a decision of the Belgian Club of Winnipeg to provide a site for the Canadian Nationalist Party’s gathering in Belgium with the Fascist Free Treaty One activists: the police had to step in to end the clash between participants and anti-fascists. Belgium’s skinheads remain as active as Nazi and fascist activists. A concert arranged by famous band The Bois in the Peer town became some sort of a social wake-up call. Racism, which persists among the locals, loudly declared itself when black journalist Cécile Djunga, presenting the weather on RTBF channel, spoke about getting racist messages, of which the least hurtful was dirty negress, go back to your country!. Anti-Semitic sentiments and Islamophobia are becoming increasingly evident in Belgium. According to a dedicated website anti-Semitism in Belgium, between 1 January and 30 November 2018, the country recorded 31 cases of anti-Semitism. In 2018, NGO Collective against Islamophobia counted at least 90 cases of Islamophobic acts. In general, Belgium continues to be one of those countries where situation with extremism, racism, xenophobia, neo-fascism, anti-Semitism has not only failed to improve, it continues to deteriorate.

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Bosnia and Herzegovina In Bosnia and Herzegovina (BiH), the memory of the World War II victims is given close attention. There have been no attempts to glorify Nazi movements and neo-Nazism at the State level, construct monuments or memorials to commemorate Nazis or their allies. The use of the Soviet symbols is not prohibited. No cases of organizing public demonstrations or marches glorifying the Nazi heritage, neo-Nazism or organizations cooperated with Nazis have been reported. There have been no illegal exhumations, reburials of anti-fascist soldiers or prosecutions against anti-fascist veterans. At the same time, experts note certain attempts to impede the memorial activities to be carried out in settlements of South Herzegovina by supporters of the ideology of the so-called Independent State of Croatia (NDH). There have been cases of the desecration of the monuments commemorating participants in the People's Liberation Army of (NOVJ) who lost their lives in World War II. In particular, tombstones in the Memorial Cemetery in Mostar, which was declared in 2006 a BiH national monument, were desecrated. The memorial has been repeatedly targeted by vandals who covered tombstones in graffiti with the Ustaša, Nazi and fascist symbols. There have been reports of radicals attacking delegations of the anti-fascist society and veterans of the Mostar People's Liberation War and a delegation of students from universities of Mostar, Croatia and Serbia (the recent case took place in November 2017). There have been cases of renaming the streets in Mostar, Shiroki Brieg and Chaplin in honour of the members of the Ustaša movement, namely , Jure Francetić, Ante Vokić and Mladen Lorković. There is no official information on the use of social media and the Internet for the dissemination of racist, neo-Nazi, hateful ideas, as well as for the recruitment to neo-Nazi or racist groups in Bosnia and Herzegovina. 33

Extremist and radical nationalist political parties, racist and xenophobic groupings do not participate in the political life. An armed conflict, which took place in Bosnia and Herzegovina between 1992 and 1995, still has an impact on the atmosphere at mass events, in particular the sport ones. Thus, on 18 February 2018, during a football game between Football Club Široki Brijeg (Croatia) and Sarajevo Football Club (Bosnia) one could hear nationalist slogans from the Bosniaks and Croatian stands. On 11 July 2018, (anniversary of the tragic events in Srebrenica) after Croatia’s national football team had won in the 2018 FIFA World Cup match against England, radical Bosnian-Croatian fans shouted the Ustaša "!" ("For home (land) – ready!"), as well as insults against Bosnia and Herzegovina. In 2015, imam of the Emperor's Mosque in Sarajevo (has an exterritorial status), openly advocating Wahhabi sentiments, made public statements about the need to massacre for Srebrenica. An attitude towards illegal migrants in BiH is complex. On the one hand, those who saw the conflict of 1990s and remember that their fellow citizens were given shelters in countries of the Western and Northern Europe treat migrants with empathy. On the other hand, migrants-marginals, there is an extremely negative attitude towards those who illegally entered the territory of BiH in order to move farther throughout the EU worsening the crime situation in BiH. In 2003, the State Law on Rights of National Minorities who are citizens of Bosnia and Herzegovina was adopted. Representatives of national minorities are guaranteed freedom of ethnic self-determination, to establish organizations and hold meetings to express and protect their cultural, religious, educational, social, economic and political rights, and the freedom to use symbols; local authorities committed themselves to providing secondary education in a minority language in settlements where a national minority makes up more than one third of the population (if more than one fifth of the total, education in a 34 minority language is allowed as an additional course). State television and radio stations are obliged to produce content in languages of national minorities. The Roma community remains the most widespread and marginalized among national minorities in BiH. Despite the activities of human rights organizations and the assistance of the international community, including the OSCE Mission to Bosnia and Herzegovina, there difficulties in including the Roma community in the educational process. Only 1.5 per cent of children attend preschool, 69 per cent attend primary schools and only 22.6 per cent attend secondary schools. To date, the country has no opportunities to provide education in the Roma language; no effective mechanisms for the of Roma have been found. Given the specific nature of the Constitution of Bosnia and Herzegovina, which is part of the 1995 Dayton Peace Agreement and aimed at restoring relations between the three constituent peoples, representatives of other ethnic groups grouped under the term "other citizens of Bosnia and Herzegovina", cannot be elected to the supreme state authority (the Presidency, a three- member body) and the upper chamber of the Parliamentary Assembly of BiH. In 2006, public figure Derve Sejdić (Bosnian Roma) and head of the Jewish community Jakob Finci filed against Bosnia and Herzegovina before the European Court of Human Rights (ECtHR) in order to eliminate discrimination and ensure the passive voting right for "other" citizens of Bosnia and Herzegovina to the supreme state authority (the Presidency) and the upper chamber of the Parliamentary Assembly of BiH. In December 2009, the ECtHR ruled in favour of Sejdić and Finci directing that BiH provides a mechanism for the participation of national minorities in the governmental institutions in question through relevant amendments to the Constitution and the electoral legislation. The court’s verdict has not been implemented due to the lack of agreement between the country's leading political forces. 35

In many settlements with a mixed population, the learning process is hampered by attempts to divide children according to ethnicity, to establish "two schools in one building". This practice is of great concern to the Council of Europe and the OSCE, which require the Bosnian authorities to end segregation in schools. Bosnia and Herzegovina has ratified important international instruments prohibiting . The European Convention on Human Rights and Fundamental Freedoms and its protocols are part of the country's Constitution and take precedence over national legislation. This area is also regulated by the Criminal Codes of BiH, the Federation of BiH, the Republika Srpska (RS) and the Brcko District (a condominium that is also part of the Federation of BiH and the RS). According to Article 145a of the Criminal Code of BiH, dissemination of ideas of national, racial or religious superiority, incitement to discrimination are punishable by imprisonment of 3 months to 3 years, the same crime committed by a person who has abused his/her position - from 1 to 10 years in prison. Deprivation of liberty for up to eight years is provided for under the Criminal Code of the Federation of BiH for acts of violence motivated by ethnic, racial or religious hatred and the desecration of national, ethnic and religious symbols, monuments and tombstones. 3 months to 3 years’ imprisonment is provided for public denial of genocide, crimes against humanity and war crimes. The Criminal Code of the Federation of BiH provides for liability for nationalist and hate speech on radio and television, appeals to inter-. Article 294a of the Criminal Code of the RS provides for imprisonment of up to two years or a fine for incitement to nationalist, racial or religious hatred and dissemination of ideas of racial or national superiority. If the acts of violence were accompanied by the desecration of national, ethnic and religious 36 symbols, monuments and tombstones, 6 months to 5 years’ imprisonment is envisaged. The Brcko District Criminal Code is the only instrument in the criminal legislation of BiH, article 49 of which classifies manifestations of hate speech on the basis of religion, ethnicity, race, sex, sexual orientation or age as an aggravating circumstance. In accordance with articles 2, 49, 160 and 357 of the Brcko District Criminal Code, the dissemination of ideas of national, racial or religious superiority and incitement to discrimination are punishable by imprisonment for a term of one to five years, and for acts of violence involving the desecration of national, ethnic and religious symbols, monuments and tombstones for a term of one to eight years. The use of nationalist and hate speech on radio and television calling for inter-ethnic violence is punishable in the Brcko District by a fine or imprisonment of up to three years. The activities of the associations of participants in the World War II in BiH are based on the traditions of existence within the SFRY. The successor of of Veterans of People’s Liberation War (SUBNOR) is SABNOR (Union of Anti-Fascist and Veterans of the People’s Liberation War of BiH). After the 1992-1995 armed conflict in BiH SUBNOR united all veterans associations and has an extensive network of branches throughout the country working almost on a voluntary basis. In 2019, the Republika Srpska authorities announced that soon one would be able to see a street in the main city of the entity, Banja Luka, in honour of Diana Budisavljevic, who saved more than 15 thousand children from concentration camps in Yugoslavia. At the initiative of the RS Government, from the 2018/2019 academic year the educational programmes of the entity have been added with lectures on crimes and genocide against Serbs and the Holocaust in the NGH. To this end, within the RS Protocol on Educational Seminars, 1200 history and teachers were trained in the Jewish cultural society "Nefesh Haya" in Banja Luka, 60 people studied in 37

Israel. In February 2019, at the initiative of the authorities of the Serbian entity, the 7 February 1942 society was established to gather information about the crimes of " Ustaša" against the civilians in the villages of Draculić, Shargovac and the Rakovac mine, when more than 2300 people were murdered with particular cruelty in one day.

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Brazil Owing to the ethnocultural diversity of the Brazilian society, xenophobia and racial discrimination have traditionally been one of the key items on the national agenda. The historical diversity of the society, which was formed from the fusion of European, Indian and African cultures and subsequently supplemented by mass immigration, makes it possible for both deep ethnic differences and the well-established system of overcoming them and publicly condemning. Brazil’s society gives priority to social and economic aspects of racial inequality, income disparities, fight against crime, access to education and health care. The problems of politicizing the historical and memorial heritage discussed in other countries, such as the desecration of monuments to the fighters against , do not constitute the most pressing issues for Brazilians, primarily because of the country's geographical remoteness. Brazil has historically condemned all forms of racism, xenophobia and intolerance, attempts to whitewash Nazi crimes, as well as . This can be illustrated by such steps as Brazil's annual support, including as co- author, for draft resolution of the UN General Assembly on "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". With the support of the Ministry of Defence, Brazil has established the National Association of Veterans of the Brazilian Expeditionary Force, participated in the operations of Brazil’s Armed Forces in Italy at the final stage of World War II. In 2017, a delegation from the Association visited Moscow to participate in the 4th International Meeting of Soldiers-Internationalists, War Veterans and Military Conflicts of the CIS, the Baltic States, near and far abroad "War and armed conflicts Veterans for peace, good-neighbourliness and a life in dignity". In 2018, a delegation from the International Union of Public 39

Associations, the Public Committee of War Veterans paid a return visit to Brazil. In May 2019, the Brazilian side plans another visit to Russia, within the framework of which it is preparing to sign a memorandum of understanding between the Public Committee of War Veterans and several veteran organizations of Brazil. The Monument to the Dead of World War II was established in Rio de Janeiro in 1957 as the venue for official events dedicated to World War II, including the annual commemorative ceremonies of the Brazilian Ministry of Defence on Victory Day on May 8. In 2018, the Russian flag was raised here for the first time in history. A project for the construction in the capital city of Brasilia of a new memorial complex commemorating the World War II dead is being agreed upon. The Holocaust Museum was opened in Curitiba in 2011, and a number of other cities also have memorials to the victims of the genocide of the Jewish people. Article 5 of the Brazilian Constitution of 1988 enshrines the status of racism as a serious crime (under the legislation, "the practice of racism is a non- bailable crime not subject to the statute of limitations and is punishable by imprisonment, as provided by law; later the same status was given to genocide). Article 3 states the following – "to promote the well-being of all, without as to origin, race, sex, color, age and any other forms of discrimination" – is one of the basic task of the State, and Article 4 provides for "repudiation of racism" as one of the principles of country’s . Under the domestic criminal law system, the provisions of the Constitution are supplemented by Law No. 1390 of 1951 ("the Afonso Arinos Law"), which enshrines the inadmissibility of racial discrimination, primarily when citizens are provided with services in public and private institutions; Law No. 2.889 of 1 October 1956 specified criminal liability for crimes aimed annihilating entirely or partially a national, ethnic, racial or religious group; Law No. 7716/89 provides for 1 to 5 years' imprisonment (under different 40 articles) for various types of racial discrimination. The Law prescribes penalties ranging from 2 to 5 years' imprisonment and a fine for incitement to , propaganda of Nazism and production, sale, distribution and circulation of Nazi symbols, including . In 2003, the Special Secretariat for Policies to Promote Racial Equality was established (since 2017, it has been part of the Ministry of Human Rights), which is responsible for the development, coordination and implementation of policies on racial equality and the protection of the rights of ethnic minorities. In 2010, with the support of the Special Secretariat the Statute of Racial Equality was adopted. It defines in detail the legal status of racial discrimination. In 2012-2014, laws providing for racial quotas for access to higher education institutions and public positions were adopted. There can be found variations in how Brazil’s legislation interprets offences related to racial discrimination. On the one hand, there is the term "crimes resulting from racial discrimination" (enshrined in above-mentioned Law No. 7716/89 of 1989), which generally classifies offences involving discrimination against an entire group of persons: for example, denial of services to representatives of a particular race. On the other hand, the notion "racial insult" is more frequently used in enforcement practices (enshrined in the 1997 amendment to Article 140 of the Penal Code on offending his/her dignity or decorum), which applies to offences committed against individuals. It is noteworthy that, unlike the humiliation of honour and dignity on other grounds, which is punishable by deprivation of liberty from 1 to 6 months, a sentence of 1 to 3 years is envisaged for humiliation on the grounds of racial, ethnic or religious discrimination (the relevant amendment was made to the Criminal Code in 1997). This distinction is the only case when the discriminatory motive is regarded to be an aggravating circumstance under the Brazilian criminal law, since no harsher penalty is envisaged for other racial hate crimes. 41

Law No. 8.072 on Serious Crimes also states that the crimes of genocide listed in the relevant Law of 1956 are serious crimes. In practice, sentences under these articles of the Brazilian criminal law are rarely handed down. The number of convictions for racial crimes is low. Brazil’s distinctive feature is that it is inhabited by numerous Indian tribes, including those living isolated in territories demarcated as areas of indigenous settlements under Brazilian legislation. The protection of their rights against agrarians and industrialists claiming to lands, forests and other natural resources is one of the areas of public policy for the prevention of racial discrimination. To that end, the National Indian Foundation (FUNAI), which is responsible for land demarcation and granting concessions, was established; a set of legal instruments to protect the rights of indigenous peoples was adopted.

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Bulgaria Since 2003, has been hosting Lukov march, an annual torchlight neo-Nazi procession in memory of general – a Bulgarian Nazi figure of the World War II and leader of the extremist nationalist organization of the 1930-1940s – Union of Bulgarian National Legions – supported the alliance with fascists. Participants in the march wear military uniform, nationalist symbols and the relevant slogans16. A regular march, held on 16 February 2019, was attended by about 200 persons, including foreigners. Since 2016, Sofia’s authorities have been trying to ban the march, but its organizers have been defending their rights in court using the provisions of the law on assemblies, rallies and demonstrations17. In 2005, a plaque was installed on the house front where Hristo Lukov lived (Trakiya st.). In 2014, a monument to Dimitar Spisarevski, a Bulgarian collaborationist and fighter pilot who died in aerial battle during the Anglo-American bombing of Sofia, was installed in the Dolni Pasarel village. Dimitar Spisarevski’s commemoration has been taking place every year since 2006. In 2016, this became a torch-wielding rally. In May 2018, the command conducted a 12-kilometre training march from Dolní Pazarel to Pasarel village, during which soldiers placed flowers and floral tributes to the place where Dimitar Spisarevski died18. In recent years, there have been cases of the desecration of monuments to Soviet soldiers. In particular, on 31 October 2017, a graffiti was painted on the Monument to the Soviet Army in Sofia, which said: "100 years of Zionist Occupation"; on the night of 4 October 2018, the words of Bulgarians’ gratitude to Soviet soldiers were crossed out with red paint on the memorial and at its bottom one could see a call for the City Hall to remove this nation dishonour;

16 It should be noted that the Lukov march conducted to commemorate General Hristo Lukov was mentioned in Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance at the thirty-eighth session of the General Assembly (June 2018) 17 www.lukovmarsh.info/fandakova 18 www.af.armf.bg/bg/?page_id=13870 43 on 9 September 2018, the words "to the Soviet Army – the liberator from the grateful Bulgarian people" was covered with paint; on November 16, 2018, it was burnt by the fireworks. On 10 November 2017, another act of vandalism was committed against the Memorial to Soviet soldiers-liberators in the Plovdiv town (Alesha) – the unknown covered slogan "Glory to the Soviet Army–Liberator" with "" ("Crystal Night" – a against Jews throughout Nazi Germany on 9–10 November 1938); on one of the side bas-reliefs - " is Jewishness", on the adjoining parapets - "All Communists should be brought to justice", "6,000,000 is a deception" (6 million people - an estimated number of Holocaust victims). In 2000, Bulgaria adopted the Law on Declaring the Criminal Nature of the Communist Regime in Bulgaria. In November 2016, parliamentarians approved amendments to this Law on first reading, which prohibit a public demonstration of the Soviet symbols. The new parliament (elected on 26 March 2017 at the early elections) has not yet returned to the discussion of this topic. The Law "On Non-Profit Legal Entities" of 1 January 2001 prohibits all non-profit organizations from assisting organizations and parties with a communist orientation. There are several nationalist and neo-Nazi entities in the country, which advocate racial hatred, ideas of nationalist socialism as well as intolerance towards the national minorities living in the country, primarily Turks and Roma. Those mentioned include the Bulgarian (established in 2001, the party claims to be successor of the Union of Bulgarian National Legions – Bulgaria’s fascist organization of 1932-1944); Bulgaria’s branch of international neo-Nazi organization Blood and Honour (established in 1987 in Great Britain) in Plovdiv; far-right organization National Resistance (since 2008); the Nationalist Party of Bulgaria (since 2013). 44

One can find far-right materials on websites of organizations the Bulgarian National Union (www.bgns.net) and Lukov march (www.lukovmarsh.info). Popular social network is actively used by nationalists for propaganda and fund-raising. One can find flyers and graffiti with swastikas or SS units logos () on Sofia’ streets. Hitler , works of Goebbels, as well as other foreign and Bulgarian nationalists and those who deny Holocaust, e.g. Richard E. Harwood, Alexander Panaiotov, Stankov, and others, are available on the market. During the games between Bulgaria’s football clubs fans, (mostly teenagers and young persons who call themselves ultras) who do not hide their commitment to neo-Nazi ideology, demonstrate Nazi symbols. Fan clubs Beroe (Stara Zagora), Levski (Sofia) and the Association of Bulgarian Fan Clubs represent far-right fan organizations. According to experts and human rights advocates, the leadership of the football clubs does not pay due attention to fans behavior, thus, encouraging such activities. Bulgaria’s Criminal Procedure Code (CC) prohibits the dissemination fascist or other anti-democratic ideology (Art.108). Crimes motivated by racial or ethnic hatred constitute crimes with an aggravating circumstance and shall be subject to more severe penalties (Art. 162-166, 416-419). The activities of organizations promoting such ideas also contradict the Criminal Code of the Republic of Bulgaria. Article 172 of the Criminal Code provides for penalties for employers who discriminate against candidates on the grounds of race, ethnicity and religion. Activities of veterans' organizations that fought on the side of the anti- Hitler coalition are carried out in an unimpeded manner as a whole. No facts of illegal exhumation, reburials and bringing to justice the soldiers of the anti- fascist coalition have been revealed. Official authorities do not interfere with the celebration of the victory over the Nazis and other related memorable dates, but 45 refrain from participating in them. In April 2018, a plaque was installed in Burgas to commemorate the rescue of 48 thousand of Bulgarian Jews during the World War II. Despite the fact that Bulgaria was an ally of Hitler's Germany, in the field of education there is no attempt to deny or justify the crimes of the Nazis. On the other hand, at the state level, there is a tendency to promote the concept of “equal responsibility of totalitarian regimes” for unleashing World War II, denigrating and distorting the contribution of the Soviet Army to the liberation of Bulgaria. Since 2011, the country has been celebrating "Day of Remembrance of the Victims of the Communist Regime" (February 1).

46

Canada Canada is in the vanguard of those countries that keep trying to falsify the history of World War II. Glorification of Nazi criminals isn't yet enshrined in legislation in Ottawa, but the monuments to all those who fought against USSR on the side of Hitler's Germany are treated with particular care. So, there is a memorial obelisk on St. Michael's cemetery in Edmonton (province of Alberta), made in the shape of a cross bearing the legend "To the Champions of Ukraine's Freedom", with tablets bearing abbreviations of the , the Galician Army of the West Ukrainian National Republic, the Ukrainian Insurgent Army – Organization of Ukrainian Nationalists and the 1st Division of the Ukrainian National Army (formed from the 14th Waffen Grenadier Division of the SS Galizien). The Centre of Ukrainian Youth Unity in Edmonton (province of Alberta) has in its territory a bust monument to UIA-OUN founder, deputy commander of the battalion "Nachtigall", commander of the 201st battalion of SS Roman Shukhevych who had organized mass of , , Jews and during World War II. Another example is the town of Oakville (province of Ontario), where the Ukrainian St. Vladimir's cemetery has two monuments, one to OUN-UIA fighters and another to the 1st Division of the Ukrainian National Army. An active role in whitewashing Nazi crimes during World War II belongs to the Ukrainian Canadian Congress (UCC) and to numerous structures acting under its "umbrella" and promoting the ideas of aggressive nationalism, anti- Semitism and glorification of Nazi collaborationists that had fought for "independent Ukraine". Meanwhile they deny obvious facts of the Banderists' direct participation in exterminating civilian population and organizing mass against Jewish population, notably in Lvov in June 1941, and against the Poles during the "Volhynian slaughter". 47

Under the pressure of the UCC Canada officially equates communism with Nazism and the Holodomor tragedy is presented as an act of genocide against Ukrainian people, without mentioning that other peoples of the were also victims of the famine of 1930s. The crimes of modern supporters of Nazism in Ukraine are silenced and the current situation is deliberately misrepresented in favour of the regime in Kiev. Extremist ideology and the activity of neo-Nazi groups are gaining more and more support in Canada. The most important of these groups are "", "Storm Alliance", "Northern Guard", "Canadian Coalition of Concerned Citizens", "Canadian Blood and Honour", "Jewish Defense League of Canada", "" from Quebec, as well as local sections of "" and "". Similarly to a number of other countries, the Canadian extreme right has adopted neo-Nazi symbolic, anti-Islamic and anti-Semitic slogans. Radicals are systematically holding manifestations and public events, including anti- governmental, in large cities (up to 300 participants), actively recruiting new followers among the youth, and making propaganda in social media and blogosphere. One of the inspirers and advocates of fascism in Canada is Paul Fromm (head of the Canadian Association for Free Expression), reputed as one of the best known neo-Nazis in the country, who uses the "" to cover and justify the extremist activity of North American . Manifestations of racism have a broad geographical spread, while the degree of racist attitudes is tending to increase. Thus, in September-October 2016 in the cities of Abbotsford, Chilliwack and Mission (province of British Columbia) unidentified persons distributed leaflets calling to protect the "white" race from abuse of the "coloured" ("White Lives Do Matter") with signatures on behalf of the "White Knights of the ". Another talked about incident has taken place on March 27, 2017, when members of the 48 group "Soldiers of Odin" attacked an anti-racist manifestation in Vancouver; several people were injured. The most odious trick of local apologists of ideas of racial superiority has taken place in November 2017 when, on the threshold of the national Remembrance Day in the University of British Columbia, Canadian right radicals put everywhere posters depicting Wehrmacht soldiers and calling "not to forget the real heroes of World War II" and covered the blackboards in the university's classes with and the "Heil Hitler" slogan. On July 1, 2017, in Halifax (province of Nova Scotia), five members of the group "Proud Boys", who turned out to be serving Canadian military personnel, disrupted a meeting of indigenous people at the monument to the city founder, English general Edward Cornwallis, notorious for mass murders of the local Míkmaq tribe, and beat them. The group "La Meute", created in Quebec in 2015 and estimated to number between 4,000 and 5,000 people, showed up in 2017 by two big events in Quebec City – anti-immigrant manifestations and clashes with antifascists, on August 20 (dozens of injured, about 10 nationalists taken into custody) and November 23 (44 radicals arrested). The number of anti-Semitic offences is steadily increasing in Canada. According to the NGO "Bnai Brith Canada"19, the total number of incidents in 2016 was 1728 (compared to 1277 incidents reported in 2015). The overwhelming majority of them were harassment and on ethnic grounds (1559). Apart from this, 158 cases of vandalism and 11 attacks linked to personal injury are reported. Increasing chauvinistic attitudes in Canadian society can be illustrated by the annual report of Statistics Canada published in November 201820 on hate crimes and crimes motivated by racial intolerance. In 2017 the number of such

19 https://d3n8a8pro7vhmx.cIoudfront.net/bnaibrithcanada/pages/394/attachments/original/1494343121/Audit _Final_2016.pdf?1494343121 20 https://www150.statcan.gs/ca/nl/pub/85-Q02-x/2018001/article/54980-eng.htm 49 incidents has increased by 664 compared to 2016 and amounted to 2073 cases. In particular, statistics have rocketed on offences against (by 207%), "black" Canadians (by 84%) and Jews (by 41%). Most incidents are reported in the provinces of Ontario and Quebec, Alberta and British Columbia. Another indicator that "non-title" Canadian citizens are systematically discriminated is the report of the Ontario Human Rights Commission21. The documents states that, in one of the largest provinces of the countries, citizens of African descent become victims of incidents involving police, including lethal ones, 20 times more often, bearing in mind that they are no more than 9% of the population. Violence against indigenous people is persistent in Canada. The report "Broken Trust"22 of the Office of Review Director (accountable to the Attorney General of Ontario), published in December 2018, is another confirmation of this. The main conclusion of this 208-page document resulting from the inspection of the police in Thunder Bay (province of Ontario) is that systemic racism infiltrates all the law enforcement chain of the city, which impedes exhaustive and impartial investigations of the cases related to 9,257 persons, reported missing in the district from 2009 to 2016; most of these persons are representatives of indigenous peoples. Public health challenges faced by young Indian families seeking medical assistance are still rampant in Canada. Due to gaps in federal and local laws concerning compensation of hospital expenses children are often denied elementary health services provided in a timely manner. Against the background of statements on respecting and taking into account indigenous peoples' interests Canadian authorities continue discriminatory policy concerning the distribution of revenue from mineral resource activities. Thus, in December 2018 the conflict has escalated between

21 http://ohrc.on.ca/sites/default/filed/TPS%20Inquiry 22 http://oiprd.on.ca/wp-content/uploads/OIPRD-BrokenTrust-Final-Accessible-E.pdf 50 the government of British Columbia and local tribes concerning the construction of Eagle Spirit pipeline from Fort McMurray (Alberta) to Prince Rupert (Western coast). Indians are opposed to the moratorium of 2016 on hydrocarbon tankering near the Northern coast of British Columbia and fixation of limited use of these corridors in the federal law. In November 2018, the Committee against , during its consideration of the seventh periodic report on the implementation of the relevant Convention23 reprimanded Ottawa for the situation in , an unsustainably high rate of prisoners of First Nations and revealed cases of forced sterilization of women and girls from indigenous populations that, as revealed at the suggestion of "", has been widely used until quite recently in the provinces of Alberta, Manitoba, Ontario, Saskatchewan, the Northwest Territories and the territory of Nunavut. Russophobia has become routine of the Canadian life. A telling case is the situation around the celebration of Victory Day by the Russian-speaking community of Ottawa at the T-34 tank in the Canadian War Museum. In 2018 a representative of the Ukrainian Canadian Congress attempted to disrupt the event – he went on stage with a Ukrainian flag, shouting anti-Russian slogans. In an open letter to the director of the museum James Fleck that was later posted on Facebook the representatives of the Ottawa branch of the UCC expressed their indignation by the "support of the glorification of Soviet regime by a public museum entity of Canada", citing as "evidence of guilt" of the USSR a set of anti-Russian clichés typical to westerners. Moreover, the Victory Banner was cited as an evidence of glorification of the "criminal Soviet regime", and the symbol of Nazi defeat was opposed by an image depicting the yellow and blue Ukrainian banner. This publication, along with others about Russians

23 http://tbinternet.ohchr.org/layouts/treatybodyexternal/Download.aspx?symbolno=CAT%2fC%2fCAN%2fC O%2f7&Lang=en 51

"getting out of hand", resulted in the decision of the museum direction to ban Russian community from celebrating Victory Day in its territory. The Canadian Charter of Rights and Freedoms of 1982 and the Canadian Multiculturalism Act of 1988 establish the principle of equality of all inhabitants of the country irrespective of their race, social background and religion. There is no formal prohibition on the activity of right-wing extremist movements, meanwhile the Criminal code (Article 319) establishes liability of up to two years' imprisonment for disseminating ideas of racial superiority (calling for physical attacks and artificial deterioration of the situation of specific population groups). According to Canada's Action Plan against Racism24 of 2005, the powers to prevent and combat the forms of racial intolerance observed in Canada are distributed among the following federal departments and agencies: - The Department of Immigration and Citizenship is responsible for the programme of creating favourable conditions to "insert" newcomers in the civil society (Welcoming Communities Initiative) (annual budget – 4.4 million CDN, about 17.6 million CDN allocated from 2005 to 2010); - Justice Canada coordinates the Special programme for indigenous people and other minorities on fair treatment within the legal framework (Race- Based Issues in The Justice System), as well as the initiative on supporting victims of crimes motivated by racial intolerance (total annual budget – 0.5 million CDN, 6.7 million CDN allocated from 2005 to 2010); - The Department of Canadian Heritage and Multiculturalism supervises the activity of the Canadian Centre for Justice Statistics whose mandate is to collect and process data used for reports on various aspects of crimes motivated by racism and extremism. The National Strategy on Countering to Violence25 of 2018 tried to analyse political, religious and ethno-cultural factors leading to

24 http://publications.gc.ca/collections/Collection/CH34-7-2005E.pdf 52 escalation of extremism in the society. Poverty, low education rate and limited access to health care are listed among the main challenges. To implement the provisions of the Strategy, the Canada Centre for Community Engagement and Prevention of Violence of the Ministry of Public Security was created in 2017. This structure obtained pretty good financial support (35 million CDN in 2016 with further annual budget of 10 million CDN). A special Community Resilience Fund was established within it, whose resources will be directed to scientific researches on countering extremism in Canada (7 million CDN have been allocated to these aims for 2019-2020). On the regional level, only Ontario has adopted a law on combating racism (Anti-Racism Act of 2017). The main provisions of the document are: development of anti-racist strategy by regional government, holding consultations with "native", African and Jewish communities, collecting and analysing information on manifestations of racial intolerance. The Anti-Racism Policy26 presented in 2018 to implement the said Act lists among key prevention measures the following: strict compliance with the principle of equality for all ethnic groups in employment, holding training seminars, nominating representatives of "coloured" and indigenous population to leadership positions of federal and provincial . Apart from this, the government of Ontario has adopted the Anti-Black Racism Strategy27 providing for allocation of 47 million CDN to help "socializing" children and teenagers from African Canadian families, to increase their educational level and to review remedial policies concerning young offenders.

25 https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/ntnl-strtg-cntrng-rdclztn-vlnc/ntnl-strtg-cntrng-rdclztn-vlnc- eh.pdf 26 https://files.ontario.ca/anti-racism policy overview eng.pdf 27 https://files.ontario.ca/ar-2002 anti-black racism strategy en.pdf 53

Chile Chile's attitude to the fight against the glorification of Nazism, as well as the contemporary forms of neo-Nazism, racism, xenophobia and related intolerance is determined by a number of national characteristics. Due to the geographical remoteness of Chile from the theatres of operations of the Second World War, there are no monuments and/or burials of both anti-fascist soldiers and soldiers of the Axis countries. The level of public awareness about the events of the Second World War is assessed by experts as "very low". The special programs aimed at preventing the review of the outcome of the Second World War are not implemented in Chile, while the Western assessments of its progress and results dominate in the society. In addition, there is "" (currently – Villa Baviera) on the territory of Chile – a settlement founded by a member of the Wehrmacht P. Schäfer, where many Nazis who fled from Germany were hiding. The international human rights organizations published information that proved the connection between the "colony" and the secret political police of the regime of A. Pinochet (DINA) and reported about there. The historical experience of Chile, in particular, the period of transition from the dictatorship of A. Pinochet to democracy, contributed to the formation of the developed civil society institutions in the country that impede the spread of the destructive ideas of racial superiority or neo-Nazism. Since independence, the Chilean authorities have contributed to the flow of migrants to the country, especially qualified professionals. In Chile, there are significant communities of the representatives of both Latin American countries (Bolivians, Peruvians, and recently Venezuelans) and European (French, , ), as well as the largest Palestinian diaspora in the region. In this regard, there are strong traditions of multiculturalism and respect for ethnic, religious and cultural diversity. 54

In such conditions, nationalist groups and movements remain on the periphery of the political life of Chile. The isolated manifestations of Nazism, neo-Nazism, other forms of racism as well as racial discrimination are extremely rare, not systemic and not left unattended by the authorities. Thus, the high-profile of a representative of sexual minorities D. Samudio on the grounds of gender intolerance, committed by a Chilean far- right group, led to the adoption of the Anti-Discrimination Law, known as the Samudio's Law, in 2012. The indicated legal act defined the unreasonable discrimination and introduced the administrative and criminal liability for these types of crimes. According to Chilean lawyers, the "Samudio's Law" enables to effectively combat any forms of discrimination based on racial intolerance or ideas of Nazism, which removes from the agenda the need for the adoption of additional legislative norms to counter Nazism in Chile at this stage.

55

China There are no manifestations of Nazism and neo-Nazism in the People's Republic of China. The Joint statement of the Russian Federation and the People's Republic of China on deepening comprehensive partnership and strategic cooperation and on promoting mutually beneficial cooperation of May 8, 2015, enshrines that "the Parties shall stand firmly behind the outcome of World War II, oppose any attempts of denial, distortion or falsification of its history, strongly condemn actions aimed at whitewashing fascism, and their accomplices and denigrating the liberators". In 2015, Russian and Chinese heads of State mutually took part in parades on May 9 in Moscow and on September 3 in Beijing, dedicated to the 70th anniversary of the end of World War II. Monuments to the victims of war with militarist are protected in China, new museums and memorials are being created. There are more than 80 Soviet memorial sites in the country. The said Joint statement of May 8, 2015, emphasizes that Chinese people treasures the memory of Soviet combatants who had given their lives for the freedom of China. Beijing consistently intervenes on international fora to support basic principles of the post-war order and has adhered to the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination, which obligate to respect all persons ant grant them equal rights, regardless of their race, and declare the dissemination of ideas based on racial superiority punishable by law. PRC delegation traditionally supports the Russian project of the United Nations General Assembly resolution "Combating the glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance", including as cosponsors. 56

Croatia The Constitution of the Republic of Croatia (RC) defines Croatia as a sovereign democratic state that guarantees freedom and human rights, equality including on the basis of nationality, and social justice. Article 14 of the Constitution of the RC guarantees equal rights of all persons before the law and determines that all persons shall enjoy rights and freedoms regardless of race, color, gender, language, religion, political or other conviction, national or social origin or other characteristics. The last attempt to amend the criminal law so that it would envisage responsibility for "glorification of fascist, nationalist and other totalitarian ideologies or promotion of racism and xenophobia"28 punishable by deprivation of liberty, was made in 2003. Despite the fact that this amendment was adopted by the Croatian Parliament (Croatian Sabor) and entered into force29, the Constitutional Court of the RC rejected it on formal grounds (due to a procedural error during the vote) by decision of November 27, 2003. From time to time some representatives of the Croatian , politicians, journalists and experts express sympathy with the leaders of the Independent State of Croatia (NDH). Law enforcement authorities of the RC selectively prosecute the initiators or executors of unlawful neo-fascist acts.30 The Council for Dealing with the Consequences of Under democratic Regimes of the Government of the Republic of Croatia in its conclusion (February 2018)31, in fact, equated the Ustasha regime in Croatia with the socialist system of the former Yugoslavia. A normative regulation on the symbols of totalitarian regimes that prohibits the use of Nazi and Soviet insignia in Croatia is under consideration.

28 Zakon о izmjenama i dopunama Kaznenog zakona Br. 01-081-03-2539/2 11.07.2003 https://narodne- novine.nn.hr/clanci/sluzbeni/2003 111 1496.html 29 Zakon о izmjenama i dopunama Kaznenog zakona Br. 01-081-03-2539/2 Zagreb 11.07.2003 30 The statement made by Lora Vidovic, the Ombudsewoman of the RC, of October 20, 2018 http://ombudsman.hr/hr/dis/cld/1484 31 https://vlada.gov.hr/dokument-dijaloga-temeljna-polazista-i-preporuke-o-posebnom-normativnom-uredjenju- simbola-znakovlja-i-drugih-obiljezja/23424 57

Since February 1992 the Croatian Liberation Movement Party,32 founded in Argentina in 1956 by the former military dictator of the NDH Ante Pavelic, has been operating in the country with little or no restraint. The national Internet and mass media use the nationalist rhetoric. Thus, Internet portals, such as www.poglavnik.wordpress.com (dedicated to life and legacy of Ante Pavelic), www.otporas.com (dedicated to the Ustasha movement) and www.hrvatski-domobran.com (in honour of the NDH Armed Forces), are functioning with no restrictions and fines. There are journals, such as Hrvatski tjednik and Hrvatski domobran, that publish from time to time articles to commemorate the Ustasha movement. Controversial historical essays and quasi studies appear and become available to the public. They are aimed at creating a negative image of the Yugoslav partisans33, attributing to them the commission of the crimes that never happened. There are acts of vandalism towards the Yugoslav partisan monuments and memorials at their burial places. According to official information 2964 monuments were razed or desecrated in Croatia between 1991 and 200034. Official statistics concerning the memorials desecrated from 2001 to date is not available to the public. According to the open source information there were three events of vandalism in 2018: August 3 – in Zadar35, August 5 – in

32 https://registri.uprava.hr/ 33 B.Matkovic, R.Topic Zlocini Jugoslavenske armije i komunisticka represija u Lici i gradu Gospicu 1945. godine: Dokumenti, svjedocanstva i grobista, Hrvatska druzba povjesnicara Dr. Rudolf Horvat (2019), B.Matkovic Croatia and Slovenia at the end and after the Second World War )1944-1945), Mass crimes and human rights violations committed by the communist regime, BrownWalker Press, USA (2017), V.Geiger, S.Pilic, Partizanska i komunisticka represija i zlocini u Hrvatskoj, Documenti, Dalmacija, Hrvatski institut za povjest, Zagreb (2011), S.Pilic, Jasenovacka Posavina izmedu dva svjetska rata, Tkalcic (2014), S.Pilic, B.Matkovic Posljeratni zarobljenicki logor Jasenovac prema svjedocanstvima i novim arhivskim izvorima, Radove Zavoda za povjesne znanosti HAZU u Zadru, No. 56, str. 323-408 34 Rusenje antifasistickih spomenika u Hrvatskoj 1990-2000, Zagreb 2002, XII 35 Graffiti with the Ustasha regime insignia and swastikas were painted on the tombstones of the victims of fascist terrorhttps://zadarski.slobodnadalmacija.hr/4-kantuna/clanakid/530377/ 58

Pentrinja,36 November 7 – in Split, where a bust to the national hero Rade Koncar37 was destroyed. In 2018, on the eve of Victory Day celebrations in one of the Dubrava districts vandals painted with swastikas and Ustasha insignia a monument dedicated to 19 partisan students killed by Croatian collaborators on December 20, 194238. Some clerks of the Croatian Catholic Church also express sympathy with the representatives of the . The statements made by bishop Vlado Kosic (Sisak) who called collaborators "fighters for ", is notable in this context39. On September 24, 2018 in Zagreb there was held a mass for "35 Croatian , senior officials, generals and colonels of the NDH army"40. On September 27, 2018 the capital of Croatia hosted the presentation of the Roman Leljak film The Myth of Jasenovac (which denies the atrocities carried out by the Ustasha partisans towards the prisoners, and states that all prisoners of the Jasenovac concentration camp died from diseases and old age). On February 28, 2018 there was also presented a book of Vlado Vladic about a war criminal, the former head of the Jasenovac concentration camp Maks Luburic41. The similar presentations were held October 22, 2018 in the Dominikan monastery (Split) and October 10, 2018 – in St.Joseph church (Karlovac). On January 17, 2019 at the premises of the Zagreb Catholic Church there was held a presentation of the book written by Josip Pecaric The Jasenovac Lie Revealed which denied involvement of the Ustashe

36 Graffiti with swastikas, the SS symbols, the Ustasha slogans were painted on the tombstones erected to commemorate those who fought against fascism – www.antifasisticki-vjesnik.org/hr/vjesti/. 37 The most notorious event of vandalism was the attempt of unauthorized destruction of the bust of the national Yugoslav hero Rade Koncar. On November 7, 2018 a citizen of Split A Lyubicic tried to topple the bust of Rade Konchar that fell on the leg of the vandal and broke it. This news not only spread in all local media, it also appeared in regional publications and the British . 38 http://www.antifasisticki- vjesnik.org/hr/spomenici/3/Spomenik_prosinackim_zrtvama_opet_na_udaru_fasista/278/ 39 Some of his statements can be found in the popular Croatian publications and Internet portals, such as www.index.hr/mobile/clanak.aspx?category=vijesti&id=819812m.24sata.hr/tagovi/vlado-kosic-47839, https://m.vecernji.hr/vijesti/dobio-sam-tri-pretnje-ljevicari-bi-ubijali-i-nakon-70-godina-1194822. 40 http://www.antifasisticki-vjesnik.org/hr/vijestn/3/Klerofasisticka_misa_za_ustaske_zlocince/312/ 41 http://www.antifasisticki-vjesnik.org/hr/vijesti73/Luburic_nakon_mise/315/ 59 in the death of prisoners of the largest NDH concentration camp. On March 13, 2019 this book was presented in the Central Catholic Church in Sisak42. There is a far right organization in the country called Hrvatski domobran43 that initiates legal proceedings for "killing of collaborators by the "44. In 2018 the Ministry of Veterans of the RC sponsored a project of the Society for Research of the Threefold Jasenovac Camp "to search for truth about the victims of the Communist terror against the Croatian patriots in 1945", the activities of the society In memory of the Victims of Matzel in 1945 which investigates the cases of victims of the "partisan terror in 1945"45. On September 14, 2018 in Vaganac in the presence of the authorities of the RC and with military honours there was held the burial of the remains of the "victims of partisans": the civilians and the Ustashe. On April 10, 2018 members of the 11th military brigade (one of the high-ranking Ustasha general during World War II) marched along the streets of Split in black uniforms with nationalist slogans. Representatives of the city administration, the Ministry of Veterans attended this event. The authorities and the police did not react46. The authorities of the country support the events held to commemorate the "victims of the Yugoslav regime and Tito's partisans"47. Under the high patronage of the Croatian Sabor (Parliament), commemorative events are being

42 42 https://www.portalnovosti.com/pecaric-i-razum-kod-biskupa-kosica-predstavljaju-revizionisticku-kniigu-o- jasenovcu 43 .www.hrvatski-domobran.com 44 www.index.hr/mobile/clanak.aspx?categorv=viiesti&id=434825 45 http://www.antifasisticki-viesnik.org/hr/viiesti73/USTAsKIJACKPOT ZA SRETNU 2018 /240/ 46 The statement made by the ombudsewoman Lora Vidovic of October 20, 2018 http://ombudsman.hr/hr/dis/cld/1484 47 Ibid. 60 held at the Field (Austria)48 – the place where Croatian nationalists who surrendered to the Yugoslav partisans were executed by a firing squad. In March 2019 the decision of the Catholic Church of to revoke its permission to hold a regular church service in commemoration of the victims of the "Bleiburg massacres" in connection with the politicization of the event and propaganda of nationalism by the Croatian side, provoked sharp and negative reaction of official Zagreb and the Croatian Reformed Episcopal Church. The Croatian MFA accused the Austrian media of misinterpreting the commemorative events in Bleiburg. Representatives of numerous Croatian nationalist and far-right organizations criticized the Austrian churchmen. It is worth mentioning the problem related to the the modern use of the Ustasha dated to World War II "Za dom spremni" –"Ready for the Fatherland!", equivalent to the German "Sieg Heil". It was used by the Croatian military formations during the wars of the Yugoslav crisis of 1991-1995. The Croatian community does not refuse at all from using it at the presents time in commemoration of the events of 1991-1995. Despite the protests of the human rights organizations, court decisions declaring the use of such a unlawful and stating its direct relationship with the NDH49, the local authorities do not take practical steps to ban its use in the public sector. Given that the Ustasha greeting is not prohibited by the law, it is used in the statutes and logos of the officially registered associations and legal entities of the RC50, as graffiti on the memorials to the Yugoslav partisans, on the banners during sports and other mass events, on the souvenirs with the highlighted abbreviation ZDS.

48 In May 1945 the Yugoslav partisan forces broke through the territory of Austria, in Carinthia, and somewhere near Bleiburg, not far from the modern border between Austria and Slovenia massacred the Croatian Ustashe and Slovenian collaborators who had fled to Austria. 49 Decision of the Zagreb Administrative Court PpJ-4877/13 of December 8, 2015, decision of the High Administrative Court of the RC Jz-188/2016 of January 27, 2016, decision of the Constitutional Court of the RC U-III-2588/2016 of November 8, 2016, decision of the Constitutional Court of the RC U-III-1296/2016 of May 25, 2016 50 The statement made by the ombudsewoman Lora Vidovic of October 20, 2018 http://ombudsman.hr/hr/dis/cld/1484 61

Racist and neo-fascist behaviour occurs during sports events in Croatia. In June 2015 fans unfolded a banner with swastika during the Croatia-Italy football match51, on March 24, 2016 in Osijek local fans chanted "Za dom spremni" and "Ustashas, let's go!" during a Croatia-Israel match52. The ombudswoman of Croatia Lora Vidovic in her statement of November 20, 2018 mentioned that the state authorities were flirting with nationalists and far-right movements. According to the information of the ombudswoman of the RC the main crimes on ethnic grounds are committed in Croatia against the Serbian minority and the Roma53. Discrimination against the Roma minority is most obvious in employment, services and access to education54. According to the People's Council of Serbia 393 ethnicity motivated hate crimes against the Serbian minority was reported in 201755. In accordance with the "Human Rights Zagreb" NGO 1505 court cases concerning the restitution of immovable property of the Serbian national minority expropriated during the Yugoslav conflict are registered as pending by the end of 2017.56 Representatives of the Serbian minority and the Jewish societies in Croatia are concerned about the position of the Croatian state authorities towards the growth of revanchist sentiments in the Croatian society and the use of pro-fascist and Ustasha insignia. Since 2016, the Serbian and Roma minorities, the Jewish societies in protest have not participated in the events organized by the Croatian authorities to commemorate the liberation of the Jasenovac concentration camp, and have held independent events.

51 Independent (2015). 52 https://www.jutarnji.hr/sport/s-osjeckih-tribina-se-orilo-za-dom-spremni-i-ajmo-ustase-vlada-rh-osudila- sramotna-skandiranja/35977/ 53 http://ombudsman.hr/attachment/article/1147 54 European Court of Human Rights, Orsus and others v.Croatia (application no. 15766/03) 55 Srpsko narodno viiece www.snv.hr Human rights house Zagreb. Human rights in Croatia: overview of 2017, р.68 56 Human rights house Zagreb. Human rights in Croatia: overview of 2017, р. 68 62

Soviet military and monuments to the soldiers of the who died while liberating Yugoslavia during World War II are located in 8 cities and settlements in Croatia (a total of 11 memorials). The Victory monument in Betina and a memorial in Ilok are the largest among them. In 2006 and 2007 a monument was desecrated in Borovo Naselje, a Vukovar borough, in 2008 – a memorial in Ilok. Local authorities and relevant state authorities maintain the monuments and, if necessary, promptly eliminate the consequences caused by the acts of vandalism at their own expense. Thus, the remains of a Soviet soldier were found in Baranja and Sremska region in 2018. The Croatian side assumed all the costs of exhumation and burial of the remains in a common grave under the Pobeda monument in Betina. The Stone Flower of the Jasenovac memorial and museum is the largest Holocaust memorial in the territory of Croatia. Since 2005 Croatia is the member of the International Holocaust Remembrance Alliance (IHRA). The director of the Jasenovac memorial and museum is the head of the Croatian delegation to the Alliance. According to the latest changes in the school curricula the study of the Holocaust has been included in the compulsory program of history classes for the secondary school. The Ministry of Science and Education of the RC has also included the Jasenovac museum and memorial in the list of compulsory school trips. In the Republic of Croatia there is a number of laws containing anti- discrimination provisions, including the Anti-Discrimination Act, the Constitutional law On the Rights of Minorities, the Labour Act, Act on Gender Equality and the Criminal Code of the Republic of Croatia. The Criminal Code, as amended in 2011, provides for punishment for the crimes against human rights and fundamental freedoms (Title XI). Article 125 of the Criminal Code provides for punishment by imprisonment not exceeding three years for the discrimination on the basis of race, ethnic affiliation, skin 63 color, gender, language, religion, national origin. Article 126 of the Criminal Code provides for punishment by imprisonment not exceeding one year of the persons who deny or limit the right freely to express national affiliation (including cultural autonomy) or the right to use the national language and script. Title XV provides for punishment for offenses against honour and reputation. Thus, Article 147 envisages punishment for insult, Article 149 - for . Title XXX provides for punishment for offenses against public order. Article 325 of the Criminal Code of the RC provides for punishment by imprisonment not exceeding three years of the persons who (in print, through radio, television, computer system or network, at a public gathering or in some other way) publicly incite to violence directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, color or any other characteristics. Article 325 of the Criminal Code of the RC also provides for punishment by imprisonment not exceeding three years of the persons who publicly approve of or grossly trivialise the crimes of genocide, crimes of aggression, crimes against humanity or war crimes, directed against a group of persons or a member of such a group on account of their race, religion, national or ethnic origin, color or any other characteristics. Article 332 provides for punishment by imprisonment not exceeding one year of persons who committed an offense and desecrated a grave and a burial site, and for the period not exceeding two years for unauthorized exhumation or desecration of the body of a dead person. The Electronic Media Act (Article 16) prohibits to include in the programs materials that encourage or promote intolerance based on nationality, racial origin, as well as antisemitic ideas, xenophobia, fascist, Nazi or totalitarian regimes, to disseminate information violating human rights and inciting to violence. Referring to this law, November 26, 2018 the Electronic 64

Media Council of the RC suspended broadcast of a number of television channels due to misanthropic rhetoric in their programs. In December 2017 the RC adopted a National Plan for Combating Discrimination for the period 2017-2022 and an Action Plan for Implementation of the National Plan for Combating Discrimination 2017-2018, there is also a Working group to review implementation of the Action Plan in Croatia. According to the ombudswoman of Croatia Lora Vidovic training and retraining of the state authorities officials and law enforcement officers on human rights, fight against Nazism and racism remains quite low57. In 2011 the Office for Human Rights of the Croatian Government adopted a Protocol for procedure in the case of hate crimes58. Since such crimes, according to this Protocol, can be qualified both as criminal and administrative offenses, the responsibility and punishment are defined differently, depending on a case. Recently, according to some NGOs, such crimes have been more and more qualified as administrative offenses (rather than crimes)59. According to official statistics in 2017 the Croatian Ministry of the Interior reported 25 hate crimes, only 12 among them were punished60. In this regard, the main priority of the Office for Human Rights of the Government of the RC is to organize training and educational programs for the judicial and law-enforcement officers. Training courses are conducted in the Croatian Judicial Academy in the framework of the programs HELP – Human Rights Education for Legal Professionals61 and Introduction to the European Convention on Human Rights. In 2015 18 students out of 30 successfully completed these courses62.

57 The statement made by the ombudsewoman Lora Vidovic of October 20, 2018 http://ombudsman.hr/hr/dis/cld/1484 58 https://pravamaniina.gov.hr/UserDocslmages/arhiva/protokoli/Protokol%20o%20postupanju%20u%20slu %C4%8Daju%20zlo%C4%8Dina%20iz%20mr%C5%BEnje.pdf 59 Centar za mirovne studije. Antidiskriminacijska politika u Hrvatskoj 2011-2016, p. 17 http://www.hok- cba.hr 60 https://ljudskaprava.gov.hr/suzbijanje-zlocina-iz-mrznje/602 61 https://coe.int/en/web/help/home?desktop=true 62 Centar za mirovne studije. Antidiskriminacijska politika u Hrvatskoj 2011-2016, p. 24 65

Cuba Cuban leadership pays special attention to the observance of human rights, for this issue remains stubbornly the subject of considerable controversy between officials and external opponents of Havana. Nevertheless, even the most active opponents acknowledge that, from the point of view of guaranteeing basic, first of all social and economic rights, Cuba plays a well-deserved leading role not only among the Caribbean States, but in the world in general. Besides, Cuba is one of the few Latin American countries where the victory over Nazism in World War II is widely celebrated, including at official level. With regard to countering all types of discrimination, xenophobia, racism, neo-Nazism and other forms of intolerance, the major legal text is the Constitution of Cuba63. According to the Fundamental Law, Cuba is a socialist, law-bound, democratic, sovereign State, where the liberties, rights and equality of all citizens are protected, together with the supremacy of the principles of dignity, ethics and humanity (part 1, chapter 1, article 1). The articles 40-42 of the chapter 1 of part 5 of the Constitution say that a Cuban citizen is endowed with all human rights, and respect of and full compliance to these rights are binding for all. The Constitution prohibits any forms of discrimination: based on sexual grounds, age, ethnic origins, skin colour, religious beliefs, physical capacities, national or territorial origin, social situation, employment, income. A distinct legal block is dedicated to the situation of women in society (article 43) and to their protection from any forms of violence. The freedom of

63 On February 24, 2019, following the outcome of a national referendum, the text of the new Constitution of the Republic of Cuba was adopted, which entered into force on April 10. According to its amended provisions legal acts will be brought up to date, including those concerning countering different forms of discrimination and racism. 66 religion is acknowledged, respected, and protected; infringement of the rights of the representatives of religious minorities is prohibited. Cuba's Penal Code (PC) includes severe sanctions for violation of these norms. Thus, dissemination of ideas of racial superiority, hate speech, incitement to racial discrimination, as well as all types of violence on these grounds, depending on the gravity of the offence, are punished by imprisonment from six months to two years, a fine of 200 to 500 minimum wages, or both (PC, volume 1, part 9, chapter 8, article 295, paragraph 1). Persons involved in , which is considered as a form of discrimination, are also perceived as offenders in Cuba. One accused of inciting racial extermination, segregation or discrimination within the framework of disseminating ideas of domination of one racial group above another, may be sentenced to imprisonment from 10 to 20 years or to death penalty (PC, volume 2, part 1, chapter 3, part 9, article 120, paragraph 1). In its foreign policy, Cuba, as enshrined in part 1, chapter 2, article 16, paragraph "g" of the Constitution, advocates and protects respect for human rights and condemns any manifestations of racism and discrimination. As a result, national legislation is improved and the county becomes more actively involved in relevant international legal instruments. Thus, Havana ratified the International Convention on the Elimination of All Forms of Racial Discrimination of 1965. The authorities of the island have the right to deny extradition of a foreigner persecuted for fighting fascism and racism (PC, volume 1, part 2, chapter 2, article 6, paragraph 2). They can grant refuge to those condemned for countering , fascism, colonialism, neo- colonialism, discrimination and racism (Constitution, part 1, chapter 2, article 17). Cuba shows with the Russian Federation while discussing these issues on international fora, traditionally acts as a cosponsor and supports the United Nations General Assembly resolution initiated annually by Russia 67

"Combating the glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". Cuba actively promotes tolerant relations in society, ideas of equality of peoples and ethnic groups, of their capacities, rights and obligations. This policy is reflected in the gender balance of public authorities – the ninth National Assembly of People's Power of Cuba (NAPP) (elected in April 2018) comprises 53% of women and 40% of African Cubans and mulattos. The same proportions are observed in other spheres of social and economic life of the island: private enterprise, sports, tourist sector, industry, etc. Cuba pays special attention to the remembrance of the victims of World War II and the Great Patriotic War. The Sephardic Center Holocaust Exhibit is open in Havana; the exposition tells about the genocide of Jews by the Nazis. In the sphere of education, sustained and dedicated work is underway for educating the new generation. The Constitution enshrines the obligation of the State to raise awareness among the youth and to duly elaborate educational programmes (part 5, chapter 1, article 44). It states as one of the priorities in education the necessity to inculcate and form among the young Cubans the sense of tolerance towards the representatives of all races, nationalities, religious and ethnic groups, to respect history and its heritage (Constitution, part 3, article 32). A part of educational functions in this sphere is entrusted to the Union of Communist Youth, the major youth organization of the island. Cuban leadership and security agencies strictly control the compliance with the legislation on countering racism and all forms of discrimination. Official data on the absence of organizations and movements approving or promoting racial hatred in any forms, of radical groups and of preventing attempts to create them by law enforcement agencies are confirmed by the data from non-governmental organizations. 68

Due to a comprehensive State policy to address this problem, there are no conditions in Cuba for manifestations of Nazism or neo-Nazism in any forms. The local Internet space is controlled to prevent dissemination of ideologies undermining the moral foundations of society and inducing Internet users in Cuba to intolerance.

69

Cyprus The socio-political field of the Republic of Cyprus is characterized by the adherence of the vast majority of the population to traditional political ideas. Nevertheless, against the background of the crisis in negotiations on solving the Cyprus problem, growing number of migrants in the island and a variety of unsolved social and economic issues nationalist ideas find some resonance in society. They are implemented by the extreme right party "National Popular Front" (ELAM). ELAM is opposed to the presence of migrant workers from third world countries, considering them as the reason of unemployment in Cyprus and heavier fiscal burden for its native citizens, and supports the of all illegal migrants from the country and the introduction of quotas for immigrants from EU member States. Cyprian media accuse the party of promoting racism and neo-Nazism; its members are suspected of committing a number of ethnically motivated crimes. Thus, on July 20, 2010, after an authorized march against Turkish position on Cyprus issue in Nicosia, young men wearing ELAM T-shirts attacked a national of Nigeria. On March 19, 2011, activists of the party beat a street vendor who had expressed disagreement with their political views. Eight ELAM members, one of which turned to be a sub-lieutenant of the Cypriot National Guard, were arrested on suspicion of having attacked the students of the University of Nicosia on December 6, 2011. In 2012, the newspaper "Haravgi" published a material stating that a National Guard member taught small arms shooting to ELAM activists. As a result of an examination the Ministry of Defence of the Republic of Cyprus confirmed this fact and announced that the officer was brought to justice. On March 26, 2014, right-wing extremists tried to disrupt the conference for the reunification of Cyprus in Limassol, where one of the participants was a politician of Turkish origin. ELAM activists forced their way through the police 70 barrier, broke a window and threw a Molotov cocktail in the conference hall, causing injuries to several persons. ELAM does not hide its relationship with its "sister organization", the Greek political right party "". The activity of local nationalists is criticized by the main political forces in the country, from the ruling centre-right party Democratic Rally (DISY) to the Progressive Party of Working People (AKEL). The Republic of Cyprus has criminalized incitement of national hatred and xenophobia in 2011. Minister of Justice and Public Order Ionas Nicolaou signed an order on the prohibition of checking persons only on the grounds of their appurtenance to another nationality, race or religion. According to the approved instructions, crimes motivated by nationalism or xenophobia must be investigated by specially trained police officers. Nevertheless, foreigners that become victims of actions motivated by national and ethnic hatred face difficulties concerning their legal protection, for Cyprian law enforcement agencies and courts tend to follow protectionist practices. To prevent hate speech, Cyprian authorities work to promote a draft law on forced blocking of Internet sites inciting hatred on national grounds. The situation with manifestations of racism among football fans is quite acute in Cyprus. There have been disciplinary sanctions imposed on Cyprian football teams by the Union of European Football Associations (UEFA). There are reports in the press of violence and racist calls in Cyprian stadiums during the matches of national and international level. In this context, the government expressed its intension to improve work with football fans communities, but until now the latter are mostly uncontrollable groups of aggressive youth, among whom drug addiction and excessive consumption of alcohol are common.

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Czech Republic There have been no facts of the open glorification of the Nazi movement, neo-Nazism, former members of the SS and its constituent units in the Czech Republic. The monuments to the anti-fascist soldiers and victims of the events of the Second World War, including those related to the Holocaust, are protected by the Law "On Military Burials and Memorial Sites". Russian and Soviet military burials are additionally subject to the 1999 Russian-Czech intergovernmental agreement on the mutual maintenance of the military burials. Against the background of the generally careful and respectful attitude of the residents and municipal authorities of the Czech Republic to the monuments to the Soviet soldiers and victims of Nazism, there are some (so far limited mainly to ) isolated cases of the "fight" against the Soviet memorial objects. The most odious cases are the dismantling of the memorial plaque, which is dedicated to the liberation of the city by the troops of the 1st Ukrainian Front, by the Prague City Hall from the town hall building on the main square, the placement of the "explanatory tablets" on the monument to Marshall I.S. Konev in the city district Prague-6, and the repeated acts of vandalism against the monument to the Red Army soldiers near Prague Castle. Since the "Velvet Revolution" of 1989, there have been isolated attempts in the Czech Republic to promote in the local socio-political space the concept of equal responsibility of the totalitarian regimes for unleashing the Second World War. One of the goals of the campaign is to equate the symbols of the USSR and the Red Army with the fascist swastika with its subsequent prohibition. This initiative has not yet had a serious response at the public and official levels. The approach of the local authorities of the Czech Republic to the activities of the individual veteran organizations and anti-fascist NGOs, which are increasingly being accused of a "pro-Russian" position, has recently been distinguished by the high degree of politicization. In particular, this is 72 manifested in the reduction of their funding, as well as the boycotting of the events held by them by the representatives of the republican municipal structures. The worrying signs were the following: the open criticism of the Modern History curriculum in local secondary education institutions from the special services of the Czech Republic (it is supposedly "Soviet-inspired"), the public demands of the special services to make appropriate adjustments to the educational process, the changes in the approaches to the teaching of the history of the Second World War period in secondary schools of the Czech Republic: the framing of the position of the western allies of in advance of the war and the silence on the role of the Soviet Union in the liberation of Europe from fascism. Against this background, the attempts of the increasingly popular local right-wing liberal political forces and the media under their control to highlight the contribution of the Russian Liberation Army to the liberation of Prague, as well as the loyal attitude of the Czech Republic to the rehabilitation of the war criminals in the Baltic States and Ukraine are becoming trends. There are burials of the Russian Liberation Army fighters, which are the place of worship for the descendants of the first of the Russian immigrants living in the Czech Republic, at the central Prague cemetery. At the national level, the issues of the resistance to manifestations of neo-Nazism, racism, racial discrimination and xenophobia are regulated by the Constitution of the Czech Republic, the Criminal Code of the Czech Republic, the Law on the Rights of Representatives of National Minorities. The spread of ideas of racial superiority, incitement to racial discrimination, as well as all types of violent acts perpetrated for these reasons are criminalized in the Czech Republic. 73

The suppression of the support (including financial) for radical parties and organizations is provided by the 1991 Law on Political Parties and Political Movements. According to experts, the problem of racism, racial intolerance and xenophobia is not acute in the Czech Republic. The issues of the fight against racism and the spread of a culture of tolerance and mutual respect are perceived as an integral part of the general human rights record in the Czech Republic. The country has an extensive network of the specialized non-governmental organizations funded from the budget, working, inter alia, in close coordination with the national education system and the media. Nevertheless, the official Prague regularly appears in the reports of international human rights bodies in connection with the Roma issues. In particular, the Czech Republic is criticized for the insufficient efforts to socially integrate this national minority, the cases of segregation and discrimination. Experts also note the unfriendly attitude of the country's population to the migrants, particularly from Muslim countries, which manifests itself both at the domestic and administrative levels (including in the form of bureaucratic barriers when considering asylum applications).

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Denmark In Denmark, there have been no cases of the glorification of the Nazi movement, neo-Nazism or former members of the Nazi SS organization or its constituent parts, including the Waffen-SS; of the construction of monuments and memorials dedicated to the Nazis and their accomplices; of treating members of relevant organizations and those who collaborated with the Nazis as members of National Liberation Movements. Recently, there have been no public demonstrations aimed at glorifying the Nazi past or the Nazi movement, no manifestations or violent protests in this regard. No facts of the use of hate speech by Danish politicians and public figures, or ethnic and racial profiling by law enforcement officials of the country have been recorded. No cases of desecration or destruction of monuments in honour of those who fought against Nazism during the Second World War and the victims of these tragic events, as well as illegal exhumation and the transfer of the remains of anti-fascist soldiers have been recorded; no anti-fascist veterans have been brought to justice, no bans on the symbols of the Red Army and the Soviet Union have been introduced. Organizations of compatriots living in Denmark have not encountered any obstacles in holding commemorative events related to the Victory and other memorable dates related to the Second World War either on the part of the Danish authorities or on the part of political and social movements and radical structures. Danish authorities do not impede the activities of veterans' organizations and NGOs fighting against neo-Nazism or glorification of Nazism and racism. Experts do not confirm the increase in the number of extremist and radical nationalist political parties, movements and racist and xenophobic groups, their greater involvement in the political life of the country or increased representation in national and local legislative bodies of Denmark. 75

At the same time, such neo-Nazi right-wing organizations as the Danish National Front (DNF)64, Danish Defence League, National Socialist Movement of Denmark and White Pride65 continue to operate in the country with varying degree of activity. The last notable event of the Danish neo-Nazis was organized by the DNF office in the city of Skive in March 2016 In the context of passive manifestations, nationalists continue to disseminate racist, neo-Nazi and man-hateful ideas and to raise funds and recruit new members in the Internet and social networks (mainly through private thematic groups). A new far-right party called "The New Conservatives", whose political program combines a liberal economic policy with a rigid anti-immigration one, is gaining ground. In the last municipal elections in November 2017, the Party's representative was elected to the Hillerød Municipal Council (capital region). According to the latest opinion polls, the Party is supported by 2.6% of voters, which gives it a chance to gain five deputy seats in the next parliamentary elections in the Kingdom that are scheduled for June 2019. The right-wing radical political party "Hard Line" which is notoriously known for conducting provocative actions, including the Quran burning, in socially disadvantaged areas of compact residence of Islamist immigrants and refugees also takes an active part in the election campaign. At the same time, the Party distances itself from the ideology of Nazism, neo-Nazism, racism and misanthropic rhetoric. The Danish Criminal Code (criminal law) still provides no penalty for using Nazi symbols or conducting Nazi-related activities. According to Art. 27 (paragraph 266 b), public statements or messages or those intended for further public distribution which contain threats, insult or humiliate a group of persons on the basis of race, colour, national or ethnic origin, religion or sexual

64 Established in 2007, the Danish National Front positions itself as a right-wing nationalist organization. Its activists come mainly from the North Zealand region (north of Copenhagen). Nazi greetings, slogans and symbols are used at the events held by the DNF. 65 Until 2005 – “Ultra White ”, right-wing extremist and neo-Nazi group created in 1994 from fans of the AGF Danish football club (Aarhus). 76 orientation are punishable with a fine or imprisonment for up to two years. Activities deemed propaganda are treated as aggravating circumstances. However, in practice priority in such cases in given to Article 77 of the Constitution of Denmark which guarantees the right of citizens to freedom of expression. According to the interim report of the Danish Institute on Human Rights66 for the UN Human Rights Council Universal Periodic Review of Denmark dated July 2018, Denmark has not yet developed a National Action Plan to combat racism and discrimination. Similarly, in Denmark there is no National Action Plan to combat hate crimes, which runs counter to the recommendations of the UN mechanisms and structures (according to the latest official statistics, in 2016 274 such crimes were registered (+38.4% as compared to 2015)). At the same time, the Danish Police Academy has a mandatory course for cadets on interaction with relevant target groups, as well as victims of such crimes. Specialized seminars are part of the training programme for Danish police officers. In general, experts agree that the low level of activity of the neo-Nazi movement in Denmark at this stage is not so much due to preventive actions of the law enforcement agencies, but rather to objective reasons, including the change of generations in the relevant organizations, as well as the lack of funding caused by the reduction in the number of their members. As a result, the activity of such associations is mainly focused in social networks and in the Internet.

66 The most authoritative Danish human rights organization accredited with "A status" by the UN as a national institution for the promotion and protection of human rights. The Institute is a member of the Global Alliance of National Human Rights Institutions (formerly known as the International Coordinating Committee of National Human Rights Institutions). 77

Estonia The Estonian authorities continue to inculcate a distorted and grounded on nationalist ideology and Russophobia interpretation of the joint history of Russia and Estonia. The most falsified is the Soviet era presented by modern Estonian historiography as the "occupation 1940 – 1991", as well as events of the Great Patriotic War in the country's territory. On this basis, a myth is being built of "freedom fighters" who fought against the "Soviet aggressors" wearing Wehrmacht uniform, the Waffen-SS units and guard and punitive divisions, which camouflages the glorification of Nazi criminals and their accomplices. At the same time, information on war crimes committed by Estonian collaborators, especially on the complicity in punitive actions against the civilian population, as well as in killing and torturing prisoners of concentration camps and Soviet prisoners of war, is silenced down. Since the 1990s, gatherings of former Nazis and their belated followers are held annually in July at the memorial cross erected on the heights of Sinimäe (in 1944, there were bloody battles between the Red Army and Brownshirts) in honour of the Estonians who served in the 20th Waffen-SS Grenadier Division (the Estonian Legion), as well as the SS-men from Belgium and the Netherlands. During another neo-Nazi coven in 2018, as before, the "exploits" of SS "defenders" against "Russian occupiers" were praised, relevant "historical" literature was disseminated and Nazi symbols were openly displayed. With reference to the "private nature" of the event, press correspondents of "undesirable" media, in particular, the Sputnik-Estonia news agency, were not allowed to attend the event. Estonian officials, avoiding criticism from the international community, refrained from attending the ceremony, but did not prevent it from happening. Moreover, the right-wing nationalist forces in the government openly welcomed the glorification of Nazi acolytes. Thus, the Minister of Justice of the Republic 78 of Estonia from the Isamaa ("Fatherland") right-wing nationalist party, Urmas Reinsalu, sent a message of greetings to the participants of the aforementioned neo-Nazi "gathering", stating that "gratitude to the combatants in Sinimäe will last forever". In 2016, a bust was installed in the school where Harald Nugiseks, former SS-Oberscharführer (Sergeant), studied; the school principal claimed that it will contribute to the growth of patriotism among students67. Another blasphemous "contribution" to the glorification of Fascism was the opening of a memorial plaque on June 22, 2018, in the village of Mustla, Viljandi County, with the inscription: "To the Fighter for the Freedom of Estonia and Recipient of the Knight's Cross with Oak Leaves", commemorating the SS-Standartenfuhrer Alfons Rebane (born there), the last commander of the 20th Waffen-SS Grenadier Division. The press service of the Estonian Government stated regarding this episode that during World War Two, Estonian soldiers "had to fight in different uniforms and their memory should be cherished with dignity". In August 2018, another three-day reenactment of the campaign of Hitlerite diversion group "Erna", which was composed of Estonians and Finns and deployed behind the Soviet army lines in the summer of 1941, took place for the 19th time. This "military-patriotic event", supported by the Estonian Ministry of Defense, traditionally involves youth activists, as well as members of NATO troops deployed in the Republic. In the same month, Urmas Reinsalu personally handed Oak Leaf Wreath of Freedom decorations (the design of these decorations was clearly inspired by the award of the Third Reich – the Knight's Cross with Oak Leaves) to 129 participants in the "armed and unarmed resistance" and "fighters for the

67 Report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism about trends in the glorification of Nazism at the 38th session of the Council. June 2018, A/HRC/38/53 79 freedom of Estonia", among whom were former soldiers of the 20th Waffen-SS Division. In September 2018, activists of the Conservative People's Party of Estonia (CPPE), NPO "The Union of Estonian Freedom Fighters" and NPO "Sakala" restored a model of the Monument to the Defenders of Estonia in the locality of Lihula, a granite stone slab depicting a soldier in the Waffen-SS uniform with a German in his hands68. The rally within the framework of this campaign, which brought together hundreds of participants, was attended by the top of the CPPE: Chairman Mart Helme, his deputies Jaak Madison and Henn Põlluaas, former servicemen of the Waffen-SS and their followers from the "patriotic" organizations and neo-Nazi groups. The publication of the comic book "Hipster Hitler" released in Estonian69 by the "Kunst" (Art) publishing house and printed in the Tallinn bookshop in June 2018, caused a negative public outcry. The advertisement of this provocative edition suggested "taking a fresh look" at the personality of Hitler portrayed as a modern young man. Alongside with "Führer-Hipster" himself, his accomplices – , , Hermann Göring and other members of the Third Reich's ruling cabal found guilty of heinous crimes by the Nuremberg Tribunal, were depicted in a funny way. The Culture and Life magazine ("Kultuur ja Elu") stood out among Estonian mass media by its active efforts to rehabilitate Hitler's accomplices, and almost every edition of it gave considerable attention to the "heroes in the fight for freedom" who served in the ranks of the Waffen-SS, as well as to the positive presentation of German occupation period in 1941-1944. A direct consequence of attempts to glorify the Nazis is the systematic desecration of monuments to the victims of the Holocaust and Soviet soldiers

68 This monument was erected on this site in 2002 and demolished in September 2004, by order of Prime Minister Juhan Parts under pressure of the international community. The monument is currently located in the private Museum of Fight for Estonia's Freedom in Lagedi. 69 These comic books are a slightly modified edition of the American original “Hipster Hitler” by James Carr and Arkhana Kumar. 80 fallen on Estonian territory in battles against the Nazis. Another recurrence was the attachment of a poster depicting Hitler with the inscription " was right" in April 2018, on the monument to the fallen soldiers of the Soviet 305th Strike Fighter Division in Rakvere, as well as spray-painting of swastikas and Nazi greetings in August 2018, on the memorial to Jews and Roma killed by the Nazis in the town of Kalevi-Liiva and vandalism of the monument to Soviet soldiers in October 2018, in the village of Lismetsa, Võru County. A clear indicator of the spread of neo-Nazi views in society is the consistent rise in the popularity of radical nationalist ideas, the main voicer of which is the CPPE. The party won 19 out of 101 seats in the Riigikogu (Parliament) in parliamentary elections of March 2019, almost tripling its representation. The CPPE unites active inspirers of the whitewashing and immortalization of Estonian Nazi collaborators and incitement of inter-ethnic and inter-racial hatred. A number of its activists are positive about the "effectiveness" of Hitler's regime, etc. In particular, the praise of Hitler's leaders and the shouting of Nazi greetings in March 2019, by the head of the foreign policy department of the CPPE and the youth wing of the Blue Awakening party, Ruuben Kaalep, received wide publicity. The sympathies of the CPPE for Hitler's regime are evidenced, among other things, by the annual torch processions in the center of Tallinn copying similar actions of the German Nazis. Estonia is a favourable territory for neo-Nazi and radical groups. In particular, a branch of the Finnish group "Soldiers of Odin" is active in the country. Its Estonian activists have created several Facebook groups with more than 3,000 participants; they also attend mass events dedicated to the glorification of Nazi accomplices, anti-migration campaigns, etc. The statements by the leaders of this formation regarding their willingness to patrol the streets in order to protect the indigenous population from migrants have had 81 strong repercussions. In addition, the Nordic , a Finnish neo-Nazi organization banned in September 2018, relocated its activities to Estonia, where its activists registered it as the NPO "National Unity". At the same time, Estonian authorities hinder the activities of anti-fascist associations. For example, the Special Rapporteur on contemporary forms of racism with reference to the information from the Estonian Legal Information Centre for Human Rights reported that anti-fascist activists from Finland and Latvia had been banned from entering Estonia to participate in protests against the glorification of SS veterans. The Centre also noted that the Estonian police had stopped a car with two Estonian citizens planning to condemn the destruction of the Roma community during the World War Two at the annual meeting in honour of veterans of the Estonian Waffen-SS Legion70. Thus, Estonia is one of the European countries, where the glorification of Fascism is based on poorly covered state support, as well as on wide acceptance in the Estonian-speaking environment. The increase in the political weight of radical right-nationalist movements, as well as in neo-Nazism and the popularity of neo-Nazi groups is directly linked to these phenomena.

70 Report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism about trends in the glorification of Nazism at the 38th session of the Council. June 2018, A/HRC/38/53. 82

Finland According to the official historiography, Finland's participation in the military activities in 1941-1944 is considered as a kind of "separate war" and the continuation of the Soviet-Finnish campaign of 1939-1940. The involvement in the war on the side of Germany is positioned by official as a "forced necessity" caused by the international political environment of that time. In recent years, the issue of the participation of Finnish soldiers in the Waffen-SS and the involvement of Finnish volunteers, who fought during the Second World War as part of the Waffen-SS division, in the extermination of Jews, particularly in Ukraine, has been highlighted in the Finnish media. The reasons for the increased attention to this topic were the study of historian A. Swanström published in 2017, who found in the letters of Finnish soldiers references to the mass killings of Jews, and the request of the Israeli organization to Finnish President S. Niinistö to conduct a further study of this issue. In February 2019, the report "Finnish SS-volunteers and the atrocities against the Jewish population, civilians and war prisoners in Ukraine and the Caucasus in 1941-1943" (under the guidance of L. Westerlund) was published (in English). It was prepared following an independent investigation with the participation of the National Archive as part of a commission from the Government of Finland. The involvement of Finnish soldiers in the mass killings of Jews is assessed as "very likely" in the report. However, the evidence in any specific cases (including the possible involvement in war crimes of 8 survivors from 1400 Finnish SS-volunteers) is not provided. The Director of the National Archive J. Nuorteva says that the Finnish authorities do not intend to issue an official apology regarding the results of the study. This position is motivated by the fact that many Finns allegedly did not know about the systematic extermination of the Jewish population by the SS 83 units, viewed negatively the facts that they faced with, and fought in SS units mainly not for ideological reasons, but to gain military experience for their army in the fight against the USSR, considered in Finland as the main enemy back then. Minister of Defence J. Niinistö expressed his own point of view about the study in his blog. He noted that it is unfair, they say, to cast a shadow on Finnish SS-volunteers, because the report does not include any new evidence of their involvement in war crimes. The Finnish national legislation does not contain rules on responsibility for the demonstration and use of Nazi symbols. There are cases of demonstration of the Nazi flag. For example, in 2016, a student who lived in a dormitory in the city of Ruoholahti attached the flags of Nazi Germany and the battle banner of the Japanese Empire from the Second World War era to the inner side of the window frame. The flags were visible from the street and hung for about eight months, but no actions were taken by the police in this regard. At the initiative of the Commissioner for Equality K. Pimia, the issue of the use of the Nazi flag was referred to the Equality and Equity Commission (the body for the legal protection in the area of discrimination appointed by the government). On February 28, 2019, the Commission issued an order prohibiting the public use of the Nazi flag and recognized it as an act that insults human dignity and creates an atmosphere of intolerance in society. Experts agree that if the decision of the Commission is not appealed and remains in force, it can be used as a precedent for similar disputes. In December 2018, members of the organization named the Nordic Resistance Movement organized a march timed to coincide with the Finland's Independence Day, the participants of which were carrying the flags of Nazi Germany. The flags were seized by the police, four protesters were arrested. The police are investigating the incitement of hatred against ethnic groups. The 84 position of the Minister of Internal Affairs of Finland K. Mykkänen is interesting in this context. He noted that the police had no right to seize the flags, since the swastika formally does not fall within the category of prohibited symbols. Despite the ban on the activities of neo-Nazi organizations in Finland, the Nordic Resistance Movement, which has its branches in Finland (slightly less than 100 activists), Sweden, Norway and Denmark, has repeatedly held public rallies in Finland, which however have not received massive support. In 2016, the death of a Finnish citizen as a result of the injuries incurred in the clashes during a neo-Nazi rally in Helsinki provoked a public outcry in the Finnish society. The Finnish police filed with the judicial authorities a claim for the prohibition of the organization in the country. In November 2017, the claim was satisfied by the county court, and in September 2018, the first instance decision was upheld by the supervisory court of the city of Turku. At the moment, the organization is waiting for a decision of the Supreme Court of Finland regarding the right to appeal the second instance decision. According to statements of the members of the Nordic Resistance Movement, the marches are planned to be held until the Supreme Court issues its decision. At the same time, the media reports that the organization has developed a new strategy in case it is completely prohibited. Nazism and neo-Nazism are not directly prohibited at the level of the Finnish national legislation. However, the manifestations of neo-Nazism are not welcome in the modern Finnish society. The Finnish legislation prohibits discrimination based on race, origin, color, language, gender, age, religion, beliefs, views, etc. (the Constitution of the Republic of Finland of 11 June 1999, the Penal Code of Finland of 19 December 1889, the Law "On Equality" (1325/2014) and the Law "On Labour Contract" (55/2001). 85

In accordance with the paragraph 6 of the Finnish Constitution, one of the fundamental human rights is the equal treatment, regardless of the specific characteristics, including race and nationality. The Penal Code of Finland classifies discrimination based on race as a crime against humanity. According to the paragraph 11 of the chapter 11, discrimination is one of three actions: the refusal to serve anyone under equal conditions, the prohibition of admission to attend certain assemblies, as well as the attitude that results in an unequal or a less favourable position of a person. If the motive for the above-listed actions was the victim's belonging to a particular race, nationality, gender, etc., the court may impose a fine or imprisonment for up to six months. Despite the fact that the discrimination itself is a criminal offense, it can also be regarded as an aggravating circumstance when sentencing for the commission of another crime. The Law "On Labour Contract" obligates the employer to treat his or her employees equally, except in cases when unequal treatment results from the professional functions of the employee. The Law "On Equality" is mainly aimed at preventing cases of discrimination by employers, employees of state and educational institutions, as well as service workers. This source is the main document regulating the issues of discrimination (including on racial grounds). In order to give effect to the Law "On Equality", a number of officials and institutions are working in Finland. Any person subjected to discrimination is entitled to apply to these institutions. Their functions, as a rule, include investigating discrimination cases, taking preventive measures to establish equality in the society, undertaking advisory work, and monitoring compliance with the provisions of the equality legislation. Among them, the Commissioner for Equality plays a special role. His activities are regulated in greater detail by the Law "On the Commissioner for Equality" (1326/2014). This person is appointed by the government and carries 86 out his activities independently, but in close cooperation with the Ministry of Justice and the Equality and Equity Commission. The term of office accounts for 5 years. The functions of the Commissioner include: drafting clarifications on substantive issues, issuing reports and creating legislative initiatives; undertaking public awareness activities; participating in cooperation at the international level and within the EU; monitoring Finland's compliance with international human rights obligations as well as the effectiveness of national legislation; monitoring cases of human trafficking. In order to perform these functions, the Commissioner has a wide range of tools, namely: the right to demand from state bodies and educational institutions information and explanations about their activities, the right to monitor compliance with equality. The Commissioner for Equality is obliged to report to the government annually on the human trafficking situation and also to publish a report on the compliance with the principle of equality in Finland addressed to the parliament every four years. The measures aimed at preventing discrimination cases are widely used in Finland. These measures include the development and implementation of the equality plans binding for all educational institutions, which are a set of measures to monitor compliance with the principle of equality in their activities, as well as to restore it in case this principle has been violated. In terms of form, there are few restrictions for such plans: each educational institution creates them in any convenient form with the assistance of its employees and students. In addition, educational institutions are required to have gender equality plans. In addition to the existing legislative prohibition of racial inequality, the media is an important control factor in this regard. It carefully monitors the statements of politicians and public figures, immediately spreading all imprudent sentences. Due to this, several trials for charges on the grounds of incitement to hate speech against the representatives of the Party of Indigenous Finns, who are known for their radical approaches on a number of issues, have 87 taken place in recent years. In 2012, the party chairman J. Halla-aho was sentenced to a fine of 400 euros by the decision of the Supreme Court of Finland. The reason was a series of statements posted by him in his personal blog and directed against the Muslim population of Finland. The notes also included negative statements about refugees from Somalia. In 2017, publications that incited religious and racial intolerance and posted by the chairman of the regional branch of the Party of Indigenous Finns in the city of Tampere T. Kiemunki on the pages of his blog provoked a negative public outcry. It was about the negative statements related to the Muslim children who attended the Christmas celebration. She was sentenced to a fine by the decision of the Court of Appeal of the city of Turku. In 2018, the Supreme Court of Finland denied T. Kiemunki the right to appeal and upheld the decision of the Court of Appeal. Regarding the legacy of the Second World War, the tendency of the emphasized respect for the veterans of can be identified. The theme of their merits is positioned as one of the most important. It was especially clearly manifested in the centenary year of the state independence of Finland, celebrated in 2017. However, unlike the Baltic states, there is no problem of the public propaganda of events with the participation of veterans of the national armed forces in Finland. The attitude of the Finnish state and society towards the monuments to the Soviet soldiers buried in Finland is also respectful. There are about 90 such burials in Finland. The work on keeping them in order is carried out on the basis of the 1992 Agreement on cooperation in perpetuating the memory of Russian (Soviet) soldiers in Finland and Finnish soldiers in Russia who died during the Second World War. In accordance with the agreement, the Finnish party looks after the burials. The cases of demolition or desecration of the Soviet memorials have not been recorded.

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France In recent years, no attempts to disseminate the ideology of Nazism and neo-Nazism, to rehabilitate the Nazis and their collaborators in France have been recorded. Neo-Nazi groups and organizations (not to mention parties) in France are rare, very marginal and, as a rule, are dissolved by the authorities judicially as soon as possible, depending on national features of the judicial branch. Among the closest by their nature to the neo-Nazi organizations, operating in France in the last decade, are the following: - "The Nationalist Youth" (Jeunesses Nationalistes) – a far right neo- Nazi organization, founded in 1980 by one of the most radical representatives of right-wing forces S.Ayoub. It withdrew in 1990, but reactivated in 2010. Its core consisted of skinheads (at the peak of its activity it counted around 150 people); - The third way" ("Troisième Voie") – a radical nationalist organization, also founded by S.Ayoub in 1985. It dissolved itself in 1992. It reactivated in 2010. It opposed communism, the US domination, the Israeli policies in the Middle East and the actions in France. Currently, the activities of both organizations are prohibited, the French authorities disbanded them in 2013. Several far right conservative parties and associations are active on the French political scene: "National Front" (M.Le Pen), "Get up, France!" (N.Dupont-Aignan), "Party of France" (K.Lang) and some others. The neo-Nazi ideas of racial superiority are not part of the Right Wing Conservatives ideology. Its features include Euroskepticism, anti-globalism and the desire to get the country out of the US sphere of influence. The growing popularity of those parties is tied to the issue of integration of immigrants (and their descendants) from the Arab and African countries, who constitute a significant 89 part of the population and demonstrate an aggressive rejection and contempt of republican values. The ideas of racism (rarely hate speech) spreading through the Internet and social networks, manifestations of anti-Semitism or Islamophobia as well as cases of killings as a result of the use of by police officers and gendarmes characterize the modern-day France. France holds a leading position among the EU member states in the number of anti-Semitic acts. However, in most cases, anti-Semitism does not come from the neo-Nazi or far right organisations, but from the Muslim part of the population – from the Palestinian Diaspora and lately from the radicalised youth of other ethnic groups. Experts say the government still can not stop the spread of Islamic ideas, and the authorities guided by the domestic political considerations are trying to interpret these facts not as a manifestation of the Muslim hostility toward Jews, but as a global anti-Semitism, and to shift the focus to the need to struggle against the right-wing conservative movements ("far right and nationalist" forces). The neo-Nazi manifestations of anti-Semitism in France usually get a negative social and political response. Among the most recent cases are the desecration of 96 graves with the swastika symbols at a Jewish cemetery in the department of Bas-Rhin, in February 2019; the demolition and desecration with the swastika symbols of a stele erected on the site of the synagogue destroyed by the Nazis and the display of a poster with the swastika symbols in front of the kindergarten in Strasbourg. These episodes fitting into the overall context of a sharp rise of anti- Semitic acts in 2019 after a relatively quiet period of 2016-2018 in France triggered a negative public response because of their explicit neo-Nazi nature. The investigation of those episodes have not been completed yet, the perpetrators are not identified. 90

There are manifestations of intolerance and racism against the "titular nation". Thus, in March 2019 a court sentenced the black rapper who published on Youtube in 2018 a clip advocating the superiority of the black race, where he called for the murder of white children in kindergartens, mocked a man with white skin and then "killed" him. The "singer" had to pay a conditional fine of 5 thousand Euros only. The authorities usually turn a blind eye even to its flagrant manifestations and try to distance themselves from the native French calls to protect them from the "Black racism". Many human rights organizations, including "SOS racism", do not recognize racial crimes against at all. Up to 2018 in France, there was no official statistics of killings by the police and gendarmes. However, this issue was raised periodically at the level of NGOs. According to human rights activists, since the early 1990s, generally positive dynamics have been observed in relevant statistics. Comparison and analysis of the data collected by experts and human rights activists (documented facts only without questioning the legality of action by law enforcement officers) gave the following results. The typical profile of victim is a Black or Arab 25-30 years old person, living in one of the marginal neighbourhoods of a big city. The typical circumstances of the murder – it happened in connection with the detention/during an escape attempt or pre-trial detention (due to the use of restraint measures). According to experts, these facts can not be classified as a manifestation of racism by law enforcement officers. These statistics can rather be explained by the objective factors of social nature, such as traditional highly criminogenic environment in the areas of settlement of migrants and their descendants. In these urban neighbourhoods the police have to carry out operational activities more often and thus are more likely to encounter resistance/disobedience. The French legislation does not contain regulations aimed at countering manifestations of neo-Nazism. Racial hate crimes are not defined as an 91 independent group either. The French law places a separate liability on the mass media for dissemination of information containing extremist and anti-Semitic racist speech as well as Holocaust denial. Special attention is paid to the ban of Nazi symbols. According to Article R645-1 of the Criminal Code of France – except in cases when it is necessary for filmmaking, theatrical productions or organizing exhibits highlighting the relevant historical period - the wearing or display in public places of uniforms, insignia or symbols similar to those, that had been used by members of an organization defined as criminal by Art. 9 of the Charter of the International Military Tribunal (, 8 August 1945) or by a person convicted of one or more crimes against humanity, is a class 5 minor offence. That is to say the most serious of minor offences. This offence is punished by confiscation of items that have been used to commit it, by fine of 1500 Euros, by 20 to 120 hours community work, by confiscation of arms owned by or available to the offender and by at least three year ban on possession or carrying of arms for which a licence is required. For repeat offences a fine of up to 3,000 Euros should be imposed. In this case, in terms of legislation, the reproduction of used by the Nazis (including the famous of greeting) is not an offence. The controversy in the society regarding the need to criminalize these gestures, which lasts for decades and from time to time is exacerbated in the context of events of national and international scale, has never reached the government level. The hard line of the French authorities which suppress any manifestations of neo-Nazism in the country contrasts with the position of official at the international level concerning the connivance at neo-Nazi manifestations and historical revisionism in Eastern Europe. The French Foreign Ministry leadership and official representatives usually avoid answering the direct questions of journalists about their attitude to marches of former Waffen SS 92 legionnaires in the Baltic countries, they do not pay attention to the riots of and R.Shuhevich adherents in Ukraine justifying their presence at the Ukrainian political scene by the "heavy historical experience".

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Georgia In Georgia, no attempts to glorify the Nazis and their accomplices at the state level, or cases of desecration of monuments dedicated to the Great Patriotic War, or facts of illegal exhumations and reburials have been recorded. At the same time, there have been cases of positive coverage in the Georgian media of the history of the Georgian Legion of the Wehrmacht and its participation in the battles in the North Caucasus in 1942-1943. Official authorities seem to treat the majority of memorials of the period 1941-1945 indifferently. In and , on several occasions brotherly cemeteries with war graves from the Great Patriotic War were illegally allocated and reclaimed with subsequent land provision for new burials on a commercial basis. Existing neo-Nazi and racist organizations in Georgia promote their ideas mainly through social networks. There are cases when state TV channels provide airtime to Georgian nationalist organizations and use live broadcast for insulting Russia and its people. Georgia has introduced a ban on the use of Soviet symbols, including the St. George's Ribbon which, according to the amendments to the Freedom Charter law, is a symbol of "Russian occupation". The most numerous among Georgia's radical nationalist and pro-fascist groups is Georgian Power ("Kartuli Dzala"), predominantly promoting nationalist ideas without classical European fascism and Nazism. In 2016, the Nationalist Socialist Movement — National Unity of Georgia ("Erovnul Sotsialisturi Modzraoba – Sakartvelos Erovnuli Ertoba") was created which promotes the ideas of fascism and Nazism. There are also other groups in Georgia that adhere to radical views and whose supporters are "disguised" as fans of famous football clubs Dinamo (Tbilisi) and Torpedo (). Anti-Semitism is advocated by groups such as 94

Bergmakn, Edelweiss or Tsiteli Abi (also close to football fans) that position themselves as supporters of the European pan-nationalist movement. In 2015, amendments were introduced to the Criminal Code of Georgia, according to which incitement to violent actions is punishable by a fine or 200- 400 hours of community service (Article 239 - note) and in case of severe consequences of such incitement – by imprisonment for a period of 2 to 5 years. During the last decade, the history of the Great Patriotic War has been revised within the Georgian education system. School textbooks create in students an indifferent and rather negative attitude to the historical memory. The term "Great Patriotic War" is defined as the "Soviet ideology make-believe". No wonder that the section "Georgians in the Second World War" of the 12th grade textbook approved by the National Curriculum and Assessment Center dedicates only one page to the history of the struggle of more than 700 thousand Georgians against Nazism in the ranks of the Red Army, with much more pages being devoted to a ‘handful' of local collaborators with the Wehrmacht.

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Germany As per the Basic Law (Constitution) for the Federal Republic of Germany, the official authorities in follow a policy aimed at preventing the glorification of Nazism and neo-Nazism. This is closely linked to the principles of rejecting and condemning the Nazi past and implemented through legislative and executive action at all levels. Law enforcement and judicial bodies also work to thwart the attempts to establish and run neo-Nazi parties and movements and spread hate ideology. Given the country's historical record, glorification of the Nazi movement, denial or justification of the war crimes of the Nazis and their allies as well as attempts to bring the Nazi ideology and the theory of racial superiority back to life in the modern world are deemed inadmissible in Germany. Still, a small but regular group of German activists do not share this vision. According to the Federal Office for the Protection of the Constitution of the Federal Republic of Germany (BfV), as at 1 January 2018, there were about 24 thousand right-wing extremists in the country. Of these, approximately 6 thousand were officially registered members of far-right parties, 4 thousand participated in right-wing extremist organizations, 6 thousand were identified as individuals sharing neo-Nazi views, 9 thousand were under the influence of "right-wing subcultures"71. The highest concentration of the far-right is reported in the East German federal states. The largest far-right political organization in Germany is the National Democratic Party of Germany (NPD), established in 1964, with about 4,500 members. The party has regional offices in all federal states of Germany and is represented by about 360 deputies in a number of municipal assemblies (with no mandates in the – parliaments of the federal states – and the ). Other right-wing extremist parties – the Right, the Pro

71 https://www.verfassungsschutz.de/download/vsbericht-2017.pdf 96

North Rhine–Westphalia Citizens' Movement, the Third Path – are small (approximately 650, 400 and 500 members respectively)72 but active in organizing public events under relevant slogans and aggressively promote nationalism on the Internet. In addition to political parties, right-wing radical activists team up in legally established organizations and movements as well as informal groups. These include, in particular, the Patriotic Europeans Against the Islamisation of the Occident (Pegida) movement, the Pro Chemnitz Citizens' Movement, neo- Nazi free associations and others. Public expression of ideas based on the theory of racial superiority is punishable under the German criminal law. That is why, rather than making explicit statements that might give grounds for sanctions, activists of far-right parties and movements drop veiled hints, speak the "Aesopian language" and use a relevant "cultural code" reflected, among other things, in clothes of certain brands. Xenophobic, Islamophobic and anti-Semitic overtone has been repeatedly heard in the statements by activists of the right-wing (AfD), including its deputies in the Landtags and the Bundestag. In that context, in January 2019, the BfV officially recognized the youth AfD organization "Young Alternative" and the informal national- conservative intraparty association "the Wing" as "suspicious" with respect to extremism73. Far-right groups regularly stage public demonstrations to mark the anniversaries of historical events which Ultras exploit for their propaganda purposes. These include, in particular, demonstrations to mark the anniversary

72 Ibid. 73 https://www.verfassungsschutz.de/de/aktuelles/zur-sache/zs-2019-002-fachinformation-zu-teilorganisationen- der-partei-alternative-fuer-deutschland-afd 97 of the bombing of Dresden by British and American aviation on 13–15 February 1945, each attended by several hundred people74. Large anti-migrant demonstrations of far-right activists took place in late August – early September 2018 in Chemnitz and Köthen. Both events were sparked off by the clashes with migrants that claimed the lives of local residents. The participants chanted Nazi slogans, performed the , hurled insults at the police and journalists covering the event and expressed aggression towards people with non-German appearances. The largest demonstration was staged by the Pro Chemnitz Citizens' Movement on 27 August 2018. Active use of social media helped the organizers to mobilize supporters of right-wing extremist parties and movements from all over the country. According to the police reports, the number of participants reached about 6 thousand people75. On 18 March 2019, about 1,000 people took part in the funeral march in Chemnitz to mourn Thomas Haller, a deceased neo-Nazi and a well-known activist of a far-right group of the Chemnitzer football club fans. The participants used symbols with right-wing extremist overtone and voiced threats against journalists covering the event76. Concerts of right-wing rock groups that promote neo-Nazi and revanchist ideas in their songs have traditionally fostered solidarity among radical activists and soft recruitment of young people. Every year dozens of such events take place throughout the country. Moreover, there is an increasing trend in their scale and attendance. For example, concerts on 15 and 29 July 2017 in Themar (Thuringia) gathered more than 7 thousand spectators, mostly young, from all over Germany, who chanted "Sieg Heil", performed the Nazi

74 http://www.lvz.de/Region/Mitteldeutschland/Dresdner-Polizei-laesst-Holocaustleugner-gewaehren-1000- protestieren-gegen-Neonazis 75 https://www.polizei.sachsen.de/de/MI_2017_59061.htm 76 https://www.sueddeutsche.de/politik/chemnitz-rechtsextremismus-beerdigung-1.4373333 98 salute and sang hymns to praise the Nazi criminals77. Another large-scale two- day "right-wing rock" festival named "Shield and Sword" was held on 20-21 April 2018 in the Saxon Ostritz (the date is not random: 20 April is Hitler's birthday). The event was organized by Deputy Chairman of the NPD Thorsten Heise78. The Internet plays a significant role in disseminating right-wing extremist ideology in the Federal Republic of Germany. Law enforcement agencies have not yet succeeded in bringing this area under full control, including because of the increasing use of social media as a means of right- wing extremist propaganda. A number of closed (inaccessible to third-party users) groups on Facebook is known to be used by Germans to share right-wing extremist content. Some of such groups have several thousand members79. There were 9 registered cases of vandalism at Russian (Soviet) military graves in Germany in 2017 and 5 cases – in 2018. The latest examples are the metal hammer and sickle symbols stolen from the nameplates at the military grave in Eberswalde on 30 January 2019 and the inscription of the central obelisk of the military grave in an der Havel sprayed with red paint on 15 February 2019. According to the Federal Office for the Protection of the Constitution of the Federal Republic of Germany, there were 19,467 registered right-wing extremist crimes in the country in 2017, including 1,054 violent crimes. The attacks most often targeted foreigners or migrants (774 cases). Supporters of left-wing and other political views were victims in 122 cases, Jews – in 2880. The preliminary statistics of the Federal Criminal Police Office (an upward adjustment is possible) reported 1,775 crimes against migrants and

77 https://www.mdr.de/investigativ/ermittlungen-nach-rechtsrock-in-themar-100.html 78 http://www.fr.de/politik/rechtsextremismus/neonazi-festival-schild-und-schwert-neonazis-stuermen-die- provinz-a-1421607 79 http://www.tagesspiegel.de/themen/reportage/geheime-gruppen-auf-facebook-wo-rechtsextreme-ungestoert- zum-mord-aufrufen/14008436.html 80 https://www.verfassungsschutz.de/download/vsbericht-2017.pdf 99

173 delicts against their residences in Germany in 2018. At least 315 people were injured81. Also, 1,646 crimes against Jews (62 cases of violence, 43 people were injured) and 63 wrongful acts against Roma, including 7 violent acts, were registered. Representatives of human rights organizations argue that this is only the tip of the iceberg. These statistics do not include numerous cases of aggression against persons belonging to national minorities which are not qualified as criminal offenses (for example, "mobbing" in educational institutions and social media) as well as cases of violence that the victims do not report to the police82. It is worth mentioning that the increasing number of hate crimes committed in Germany, as a rule, by neo-Nazis was also noted by Special Rapporteur of the Human Rights Council on the modern forms of racism Tendayi Achiume83. Human rights activists still receive complaints about a discriminatory approach applied by Germany's law enforcement agencies ("racial profiling") based on physical, primarily ethnical and racial grounds. This implies random checks in transport, enhanced airport security screening, etc.84 The Basic Law of the Federal Republic of Germany prohibits associations with aims or activities contravening the criminal law or directed against the constitutional order or against the concept of international understanding. The ban can be imposed by the Ministry of the Interior or the Ministry of Justice of a German federal land if the organizational structure and activities of the association do not extend beyond one Federal Land or by the Federal Ministry of the Interior of Germany (represented by the Minister) if the

81 http://www.spiegel.de/politik/deutschland/fluechtlinge-zahl-der-straftaten-gegen-asylbewerber-nimmt-ab-a- 1258217.html 82 https://www.zeit.de/politik/deutschland/2018-04/antisemitismus-berlin-juedische-schueler-angriffe, https://www.amadeu-antonio-stiftung.de/chronik 83 Report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism Tendayi Achiume on manifestations of glorification of Nazism A/HRC/38/53 at the 38th session of the Council, June 2018 84 http://amnesty-polizei.de/racial-profiling-in-deutschland-eine-totgeschwiegene-praxis 100 association is supra-regional. At the same time, all associations affiliated with prohibited organizations or their front organizations are subject to an automatic ban. To date, there are 17 right-wing extremist organizations banned in the country at the federal level. Violation of the ban imposed on the activities of an association entails criminal liability (Article 85 of the Criminal Code of Germany). In accordance with the Criminal Code of Germany, criminally punishable acts include incitement of national (Article 130, paragraph 1-2), public denial, justification or diminution of the severity of National Socialism crimes (Article 130, paragraph 3), public approval or glorification of the Nazi tyranny in general (Article 130, paragraph 4), dissemination of propaganda materials (Article 86) and the use of symbols (Article 86a) of unconstitutional, including Nazi and neo-Nazi, organizations (this also includes the verbal use of Nazi slogans and the use of relevant gestures). Article 46 of the Criminal Code of Germany reads that the court's decision on the punishment should take into account the motives and goals of the offender. On 1 August 2015, this principle was amended by the wording "... especially racist, xenophobic or other hate crimes". Thus, the German criminal legislation qualifies the specified motives as an aggravating circumstance. The said amendment was adopted at the recommendation of the Bundestag investigation commission established to clarify all the circumstances of the case against National Socialist Underground – a neo-Nazi group that committed 10 racially motivated killings in 2000-2007. At the same time, the police service instructions were supplemented by a provision requiring officers to mandatory indicate a racist, xenophobic or other hate motive when registering violent crimes and gathering evidence thereof. Thus, Germany created the conditions conducive to more effective detecting crimes motivated 101 by racism and xenophobia and qualifying them as such rather than as domestic crimes. In the annual police crime statistics, racist, xenophobic, anti-Semitic, anti-Roma, Islamophobic, and Christianophobic crimes are covered in separate categories. The need to collect data on crimes related to discrimination as a separate category was pointed out by the Special Rapporteur of the HRC on modern forms of racism85. In October 2017, the Law on Improving Law Enforcement in Social Media came into force in Germany, which requires the operators of these media to delete offensive posts upon respective complaints. New standards are, among other things, aimed at curbing hate rhetoric against persons belonging to national and religious minorities. In Germany, political parties that threaten the constitutional order of the country can be legally banned. The Federal Constitutional Court (BVerfG) has the exclusive authority to impose such a ban, subject to a number of strict criteria. The history of the Federal Republic of Germany saw such a measure against a right-wing extremist party put into practice only once: in 1952, the (the successor of the Nazi NSDAP) was banned. Both procedures to ban the NPD in 2001 and in 2013 failed. In its decision of 17 January 2017 on this issue, the BVerfG recognized the party as anti- constitutional but still did not ban it with reference to its lack of "real potential to successfully attain its anti-constitutional goals". This decision bolstered the elaboration of legislative provisions envisaging deprivation the parties recognized by the BVerfG as unconstitutional of state financing even in the absence of their formal ban. Appropriate amendments to the Basic Law of Germany, the Law on Parties and other relevant laws were adopted in July 2017.

85 Report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism A/72/291 at the 72nd session of the UN General Assembly. October 2018. 102

The legislation of the Federal Republic of Germany has no provisions aimed directly at combating ethnic and racial profiling by law enforcement agencies. Nevertheless, the courts dealing with the claims of the victims found this practice unlawful in many cases. For example, in its decision of 21 April 2016 the Higher Administrative Court of Koblenz indicated that control measures taken by Federal Police officers in respect of a black traveling by train violate the constitutional principle of non-discrimination on racial grounds86. Sports federations organize awareness-raising campaigns to combat racism at sports events. One of the largest federations – the German Football Association – issues recommendations for football clubs to combat manifestations of racism at stadiums and also presents football clubs with the Julius Hirsch Prize for initiatives aimed at promoting tolerance in sports. In 2011, the program "Sport and – United Against Right-Wing Extremism" was launched under the auspices of the Ministry of Internal Affairs of the Federal Republic of Germany to enlighten, among other things, the leadership of sports clubs on this issue and provide relevant training for their personnel. Germany implements in good faith, in general, the Agreement between the Government of the Russian Federation and the Government of the Federal Republic of Germany on the maintenance of military graves in the Russian Federation and the Federal Republic of Germany of 16 December 1992, which places on Germany the responsibility for maintaining Russian (Soviet) war graves in the Federal Republic of Germany in proper condition. Local authorities, as a rule, bring prompt responses to incidents of desecration of monuments to those who fought Nazism and the victims of Nazism, including

86 https://www.lto.de/recht/nachrichten/n/ovg-koblenz-7a1110814-kontrolle-bundespolizei-ausweis-familie- dunkelhaeutig-rechtswidrig/ 103 by addressing the effects of desecration, investigating into the cases and searching for the perpetrators. At the same time, there were several cases when local authorities did not take proper measures for timely repair and maintenance of Soviet war graves and memorials, as a rule, with reference to the lack of funds, which resulted in a dilapidated state of some of them. There were also several "reconstruction" attempts involving profound changes of the appearance of the memorials, elimination of Soviet symbols, etc. The crimes of National Socialism, including the Holocaust, occupy one of the most important places in school and university history curricula in the Federal Republic of Germany. Since education in Germany falls within the competence of the federal states, these programs are developed at the regional level. At the same time, the German Federal Agency for Civic Education (bpb) under the Ministry of Internal Affairs of the Federal Republic of Germany makes general guidelines on covering the events of the Nazi period in history classes in a way that stresses the dangers of the hate xenophobic ideology as well as modern organizations and movements that share this ideology. The growing number of ethnicity and religion motivated conflicts in German schools, in particular, the increasing incidence of anti-Semitic aggression by students coming from Muslim families foster the discussion on the need to take educational measures to counter these trends. Among the voiced proposals, it has been suggested to make mandatory the practice of excursions of school students to memorial complexes on the sites of former Nazi concentration camps87. The Ministry of the Interior and the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth of Germany carry out programs to promote the principles of non-discrimination and equality as well as the culture of

87 www.berliner-zeitung.de/politik/antisemitismus-in-deutschland-koennen-kz-pflichtbesuche-fuer-schueler- helfen--28825492?originalReferrer= 104 tolerance and respect for ethnic, religious and cultural diversity. Relevant priorities were embodied in the National Action Plan Against Racism adopted in June 201788. Currently, at the core is the program "Live Democracy! Active against Right-wing Extremism, Violence and Hate", which focuses on preventing the radicalization of young people, promoting tolerance in education and in the workplace, fighting against hate rhetoric on the Internet, preventive work with prisoners, etc. In 2019, 115 million euros were allocated for these purposes.89 At the level of federal states, there are programs of targeted assistance to members of right-wing extremist groups who wish to get out of this environment. Efforts to uphold the said principles are among the central priorities of the initiatives undertaken by the bpb as well as similar agencies of the federal states aimed at promoting political literacy among the population. These initiatives include various seminars, round tables, exhibitions, festivals, movie screenings, educational trips, advanced training courses for journalists and law enforcement officers, etc.90 Educational and awareness-raising programs in Germany place a strong focus on the fight against all types of , including racism. It is worth mentioning that the practice of educational visits to historical sites and institutions keeping the memory of the crimes of Nazism. There are various initiatives developed in this area, including the program "Cohesion through Participation", run by specialized agencies such as the Federal Agency for Civic Education and the Alliance for Democracy and Tolerance91. An important role in promoting tolerance and combating right-wing extremism is played by numerous non-governmental organizations that launch

88 https://www.bmi.bund.de/SharedDocs/pressemitteilungen/DE/2017/06/nationaler-aktionsplan-gegen- rassismus.html 89https://www.bmfsfj.de/bmfsfj/themen/engagement-und-gesellschaft/demokratiefoerderung-und- extremismuspraevention/landes-demokratiezentren/bundesprogramm--demokratie-leben--/73948 90 https://www.bmi.bund.de/SharedDocs/behoerden/DE/bpb.html 91 Report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism A/72/291 at the 72nd session of the UN General Assembly. October 2018. 105 their own initiatives in this field and organize events to encourage inter-ethnic and interfaith communication. Political funds of the established political parties in Germany are very active in this field and receive serious budget financing for these purposes. A task force has been set up, in cooperation with civil society organizations and Internet companies, including Facebook, and , to combat hate speech on the Internet92. The efforts of civil society are supported by the Alliance for Democracy and Tolerance against extremism and violence under the bpb. In particular, it promotes sharing of best practices in this field, i.e. useful experience of local initiatives that can come in useful throughout the country. The Union awards annual prizes to the best projects in promoting tolerance, interethnic and interfaith dialogue.93. In 1998, the "Forum against Racism" was set up in Germany – a platform for representatives of federal ministries and agencies and relevant NGOs (about 90 in total) with to exchange information and opinions on this issue.

92 Ibid. 93 http://www.buendnis-toleranz.de/ueberuns/aufgaben-und-ziele/ 106

Greece Central and local Greek authorities has no record of glorification of Nazism, including erecting monuments and building memorials to the Nazis and their collaborators, organization of public demonstrations to praise the Nazis or disseminate the ideas of neo-Nazism, desecration or destruction of monuments to those who fought Nazism during the Second World War, exhumation and transfer of their remains, prohibition of the symbols of the USSR or the Red Army. The Greek society has a relatively high level of immunity to far-right rhetoric and does not condone attempts to revise the history and whitewash the Nazis. This has to do with the long history of popularity of left-wing views in Greece as well as the preserved memory of its occupation by the Axis countries in 1941-1944, which caused much loss of human life and enormous material damage, for which Athens seeks compensation from Berlin. According to public opinion polls, over 65% of respondents stand for restricting the activities of neo-Nazis in Greece. Russian compatriots together with local residents do not face any obstacles from municipal authorities in a dozen cities in the country when organizing events dedicated to Victory Day, including the Immortal Regiment march. The local authorities take good care of the monuments to soldiers who fought fascism, including the (Palaio Faliro district of Athens, Thessaloniki, Chania on the Crete island, the villages of Kaloskopi, Karoutes, Kato Korifi, Mesovuno, Stylida) and the victims of the Second World War among the civil population (the towns of Drama and Kalavryta, the villages of Viannos, Dervenochoria, Distomo, Doxato, Kandanos, Kommeno, Paramythia, Rodakino, Chortiatis). The Holocaust Museum in Thessaloniki, which is being built with serious budgetary funding, is scheduled to open by the end of 2019. The NGO Greek-Russian club "Dialogue" and a number of public anti- fascists figures are worth mentioning for their active engagement in the fight 107 against attempts to revise the outcomes of the Second World War and deny the crimes of fascism. In recent years, Greece saw a marked rise in the incidence of xenophobia, including physical violence motivated by racial hate as well as the incidence of dissemination of hate statements on the Internet. This was also noted by the Special Rapporteur of the UN Human Rights Council on contemporary forms of racism94. Local experts, including the Dostoevsky Institute in Athens, link these trends to a sharp increase in the number of asylum seekers from the Middle East and North Africa in 2015-2016: over 1 million migrants passed through Hellas, dozens of thousands settling in the country. The Chrysi Avgi (Golden Dawn) party, established in 1993, remains the mouthpiece of extreme nationalists and enjoys the steady support of a certain part of the Greek electorate (in the 2015 parliamentary elections, the party won 16 (out of 300) seats in the legislative assembly of the country). The Chrysi Avgi party uses fascist symbols, openly promotes the ideology of national exceptionalism and superiority and is allegedly involved in a number of high-profile race hate crimes. Criminal proceedings against the party leaders and activists were initiated in 2013; since April 2015, seventy people, including all then members of the Golden Dawn parliamentary faction, have been under trial. Nikolaos Michaloliakos, the parry leader, and his associates are charged with forming a criminal group, illegal possession of weapons and their use, attempted murder, systematic attacks on immigrants, causing bodily injures of varying severity, racketeering, legalization of illegal income. The Golden Dawn's profile also includes the murder of anti-fascist musician Pavlos Fyssas by a Chrissi Avgi activist in 2013, which provoked a major public outcry in the Greek society.

94 Report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism Tendayi Achiume on manifestations of glorification of Nazism A/HRC/38/53 at the 38th session of the Council, June 2018 108

In March 2019, the Greek office of the German NGO Rosa Luxemburg (rosalux.gr) and the human rights organization HumanRights360 (humanrights360.org) reported on the incidents of aggression against migrants in Athens, the supporters of the Golden Dawn being reportedly responsible for most attacks. According to the study, over 2011-2018, there were more than a thousand incidents involving the use of knives, stones, and broken glass, which caused serious injuries in most cases. Fifty of the most high-profile attacks were portrayed at an exhibition of drawings by young Greek artists organized in Athens on 11-17 March 2019. Particular emphasis was placed on the inaction by the police in such situations. For example, in March 2017, four functionaries and supporters of the Chrysi Avgi party, including a staff member of its parliamentary faction office, beat up a student coming from the Middle East region in front of the party headquarters on Mesogeion Avenue; the police patrol arrived on the scene did not arrest a single person. The exhibition was covered in detail by the Greek newspaper "Avgi" on 10 March 2019. In the absence of a court decision qualifying the Chrysi Avgi party as a criminal group, the party is still legal, receives state funding and has its parliamentary activity covered by the media. According to opinion polls, in the upcoming regular elections of the fall of 2019 the party is expected to maintain its position in the country's legislative assembly. In 2017-2018, a racist group "Crypteia", which took the name from the units of ancient Sparta who committed used to murder slaves helots, was active in Greece. The organization is believed to be involved in a number of crimes against migrants: the attack against the family home of an 11-year-old Afghan schoolboy who was to carry the Greek flag at a school parade in November 2017; the attack against the premises in the north-west of the Peloponnese peninsula where several hundred foreign agricultural workers resided in June 2018; destruction of the memorial to migrants who drowned 109 while attempting to move from Turkey to the Greek islands on Lesbos in September 2018, etc. In March 2018, law enforcement agencies managed to disrupt the activities of Combat-18, another neo-Nazi group, which is responsible for dozens of crimes, including against migrants. According to the report of the Greek NGO "Racist Violence Recording Network", which cooperates with the local UNHCR office, there were 102 violence acts motivated by intolerance in the country in 2017: 47 against sexual minorities, 34 against migrants and refugees, 11 against Jews (including desecration of graves), 7 against human rights advocates and employees of organizations that provide support to refugees, 2 against Greek citizens practicing a religion other than Orthodox , 1 against Roma. The document notes a surge in xenophobic sentiment and the increasing number of attacks perpetrated by organized groups, on the one hand, and growing effectiveness of the authorities' response to such crimes, on the other hand. In addition, according to the NGO, the number of intolerance crimes has significantly decreased after the of Pavlos Fyssas, which helped institute the criminal prosecution against Chrysi Avgi. According to the Greek anti-fascist NGO "Dostoevsky", 2016 witnessed more than one hundred violent acts of ethnic intolerance by representatives of both far-right organizations and the Greek authorities. It often takes months to complete investigations into such cases, if at all. In 2018, the xenophobic sentiment in the Greek media and society increased significantly against the backdrop of the debate on the Prespa Agreement on renaming Macedonia. Certain newspapers, including the nationwide "Democracy", published nationalist articles during the period of heated debates (summer–autumn 2018) on an almost daily basis. Many political and public figures made chauvinist statements against the "rootless Slavic Macedonians" who allegedly claim the historical legacy of Hellas. 110

In the case-law of Greece there are virtually no examples of combating the spread of xenophobic ideas in the media and on the Internet. The criminal proceedings initiated in 2017 against writer Soti Triantafillou charged with Islamophobia for the statements on her Internet blog that were qualified as a manifestation of religious hatred set a precedent. In 2018, the case was, however, dismissed due to the absence of elements of a crime. In September 2014, the Greek Parliament adopted a new Anti-Racism Law, which defined relevant crimes as separate offences. This act increased the penalties for incitement to hatred and violence against certain population groups to up to three years' imprisonment and a fine of 20,000 euros. In February 2018, the European Commission against Racism and Intolerance (ECRI) welcomed the establishment by the Greek authorities of a specialized working group composed of representatives of state agencies, the ombudsman, the Greek Human Rights Council, NGOs and trade unions to develop a strategy to counter intolerance. ECRI welcomed the document adopted by Greece in September 2017 but called Greece to pay further attention to the issues related to the implementation of anti-discrimination measures. According to experts, the relevant national legislation does require further development since it prohibits discrimination based on nationality, religion or other belief, , age or sexual orientation only in respect of employment and occupation but not in respect of social security, education , access to goods and services, etc. Against this background, there is no record of discriminatory prohibitions on the participation of minority representatives in political life and government, representatives of a non-titular nation have no relevant restrictions. As a result of the latest parliamentary elections in September 2015, the constituency of the Rhodope region in northern Greece is represented in the legislative assembly exclusively by Muslim lawmakers. 111

The situation with regard to the right to ethnic, cultural and linguistic self- identification of the Muslim population in the Thrace region in north-eastern Greece bordering Turkey as well as some of the Aegean islands remains quite complicated. There is only one officially recognized minority in these regions (the concept of national minority is missing from the Greek legislation) – the Muslim minority uniting all non-titular ethnic groups living in Thrace, i.e. Turks, Pomaks, Roma – more than 120 thousand people in total. The Muslims of the islands of Kos and Rhodes are not officially recognized as national minorities and, unlike the Muslims of Thrace, they have no opportunity to attend specialized schools with instruction in the Turkish language. Athens still keeps in place the legal barriers to the use of "Turkish" in the names of public, political, sports, cultural and any other associations. The NGO Muslim Association of Thessaloniki, the Federation of Western Thrace Turks in Europe and others believe that this practice contradicts European human rights instruments. In July 2016, the Council of State of Greece took a positive decision to build a mosque in Athens for the first time in recent history (it is expected to be completed in June 2019). Government representatives believe that the construction of a mosque will put an end to the spread of illegal and uncontrolled Muslim houses of worship in the capital region. This also aims to promote the values of multiculturalism and Greece's international image of a state advocating the rights of various denominations. The Church of Greece does not approve of the project. Its head, the Archbishop of Athens and all of Greece, has repeatedly warned against the risk of turning the mosque in the capital into a "hotbed of jihadism." This initiative is strongly criticized by Metropolitan Amvrosy of Kalavrita, known for his attacks against the "stranglehold of refugees and homosexuals." Among the projects that encourage interfaith communication, experts note the conference, organized under the auspices of the Greek Foreign 112

Ministry, on the peaceful coexistence of representatives of different religions in the Middle East (held in 2015 and 2017) as well as the initiatives undertaken by the Apostoli charity organization under the Church of Greece.

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Hungary Hungary saw no reported cases of racism manifestations or official glorification of Nazism or neo-Nazism, including torchlight parades and gatherings of the former Waffen-SS soldiers. What typifies Hungary is the constitutionally enshrined fact that its state discontinued starting on March 19, 1944. (military intervention of Hitler's troops during the operation Margarethe, institution of the (Nyilaskeresztes) rule with Ferenc Szálasi at the helm) and was only regained on May 2, 1990 (establishment of the first government following regime change). This effectively introduces the "twofold occupation" concept, meaning the country was first occupied by Nazi Germany and after that – by the Soviet Union. Official ideology promotes the message of the Communists and the Nazi being tantamount in the sense of both being "guilty of crimes against humanity." Swastikas, runic characters of the Schutzstaffel, crossed arrows of the Arrow Cross Party are banned for public use, and so are the Soviet symbols. Having said that, the coalition government formed by the and the Christian Democratic People's Party avoids pushing this issue and makes every effort to gloss over the differences in how Russia and Hungary view the history of the wartime and postwar period, arguing that politicizing the history would not be helpful. Neo-Nazi organizations are officially proscribed in Hungary. Before the court order that disincorporated them, the largest ones were "Blood and Honour," "Betyársereg" (Army of outlaws), "Guards of Carpathian Homeland," "National Self Defense," "Hungarian National Guard" and "For a Better Future" movement. Yet another far-right organization is the Sixty-Four Counties Youth Movement (this is a reference to the number of constituent counties, or comitatus, that together formed the ). Faced with a real threat of being disbanded it hastily proceeded to changing its charter and getting 114 rid of the banned symbols (Swastikas, runic characters of the Schutzstaffel, crossed arrows of the Arrow Cross Party). Currently, it brands itself as a "movement that brings together athletes and patriots who advocate preserving the traditions." Yet ultimately it was exactly the "Sixty-Four Counties" that sucked in the neo-Nazi youth, including those, who were previously affiliated with the mentioned banned groups. A special place in Hungarian public and political life belongs to – Movement for a Better Hungary, a nationalist-populist party with seats in the National Assembly, that used to engage with the far-right movements. However, after being elected to the Parliament for the first time (2010-2014), it went an extra mile to its ranks from fringe activists and has essentially got rid of the xenophobic rhetoric. Its current outlook is the one of . The ruling right-conservative alliance of the Fidesz and the Christian Democratic People's Party is committed to building a pragmatic and mutually beneficial relationship with our country and to maintaining a high-level of Russian-Hungarian dialog. Generally speaking, there is an effective effort underway that seeks to prevent xenophobia and sectarian intolerance. Legal status of the Russian military memorial sites from various historical periods that are located in Hungary is governed by the Agreement between the government of the Russian Federation and the government of the Hungarian Republic on perpetuating the memory of the fallen soldiers and civilian victims of wars and the status of burial sites of March 6, 1995. In practical terms, the matters of implementing the Agreement are handled by the Joint Russian- Hungarian Intergovernmental Commission on Military Graves. In 1991-1992, there were instances of arbitrary demolition of the military memorials by the local authorities, while over the recent decades no such cases have been reported.

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Iceland Iceland is very passionate about the history of World War II and proud of its contribution to the formation and escort of Arctic convoys. There have been no attempts to glorify Nazism and its modern forms in Iceland at state level. Icelandic authorities take an interest in the history of Russia and the Soviet Union. Guðni Th. Jóhannesson, President of Iceland, is interested in Russian history and culture, including as a professional historian; in August 2018, he met with veterans of Arctic convoys in Reykjavik in person, and attended commemorative events linked to memorable dates of historical importance of 1941-1945. In recent years, the country has seen several cases of neo-Nazi activities, all of them were implemented and coordinated from abroad. In August 2016, a Scandinavian neo-Nazi organization Nordfront (founded in Sweden in 1997, expanded to Finland, Norway, and Denmark) attempted to give out propaganda leaflets in Reykjavik inviting the Icelanders to join. It was not a success, mainly because of the organization's declared goal to found a united state of Northern Countries, which would undermine the very concept of Icelandic sovereignty and statehood. In September 2017, taking advantage of a government crisis in Iceland (only the government has the right to prohibit and close Internet resources), Daily Stormer, a neo-Nazi web-site, registered an .is domain in Iceland, causing a highly negative reaction of the local community. Law enforcement authorities tried to block the web-site, even though its physical location is in the U.S. In August 2018, attempts to promote neo-Nazi ideas in Iceland were detected again, when a 17-year-old resident of Kópavogur received several text messages from Nordic Resistance Movement, a neo-Nazi organization, calling on him to fight against Muslims and join the organization. The case became widely known after the recipient contacted the competent authorities. 116

The Icelandic society is characterized by a high level of human right observation. It is well-organized and successfully prevents all attempts of external destabilization and propaganda of ideas alien to Icelandic mentality and traditions. Under Article 233 (A) of the Penal Code of Iceland, anyone who does by means of ridicule, calumniation, insult, threat or otherwise assault a person or group of persons on account of their nationality, color, race, religion or sexual inclination shall be subject to fines or imprisonment for up to 2 years. At the same time, the 5th report on Iceland by the European Commission against Racism and Intolerance published on February 28, 2017, states that Icelandic legislation lacks a legally binding definition of racial discrimination, as well as a specialized state body to combat racism. Ideas of racial or any other superiority have virtually no supporters, so the rare cases of intolerance in Iceland are mainly related to resentment towards Muslim immigrants against the backdrop of the crisis of multiculturalism in Europe. In general, Iceland is among the countries that promote social and gender equality, and respect for cultural and ethnic diversity, using all available formats and means to this end.

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India India has no Nazi past, there are no neo-Nazi movements in the territory of the country, and no cases of glorification of Nazism have been recorded. The Second World War is not a key issue for the historical memory of the Indian population and is considered primarily in the context of the liberation movement against the British rule. At the UN General Assembly, India has consistently supported the draft resolution on Combatting glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance. On September 3, 1939, official London declared India a belligerent state without notifying its political elite thereof. At the same time, on September 14, 1939, the main political party of the dominion, the Indian National Congress (INC), condemned the fascist aggression, claiming that the country was ready to take part in the war on the side of Britain in case a national government was created in India. The request of the Congress about the establishment of the government being rejected, the INC leader M. Gandhi announced in 1940 the beginning of another civil disobedience campaign whose participants were subsequently arrested. During the war, most Indian servicemen fought in the British armed forces on the side of the anti-Hitler coalition on the territory of , and participated in the battles in France, Africa and Iran. The attack of Nazi Germany against the Soviet Union gave a powerful impetus to the activation of the anti-fascist movement of India which began to emerge in the first months of the war. With regard to the relations between the participants of the national liberation movement of India and the Nazis, we should note one of the INC left- wing leaders S. Ch. Bose who escaped from house arrest in India in 1940, moved to Germany and set up the Azad Hind Legion (‘Free India Legion') 118 engaging German Indians, defectors and prisoners of war. In 1943, Bose went to Burma where he commanded the Indian National Army (INA) which consisted mainly of the soldiers captured by the Japanese. His troops, along with the Japanese, unsuccessfully fought against the British allies in Burma and the surrounding areas. Currently, Bose's figure is treated with respect in India and especially in the state of West Bengal, where he comes from, but not as a supporter of Nazism, but rather as an independence movement activist, including due to the fact that in the 20th century this was the only example of a mass armed protest of Indians against the UK under the liberation slogans. The international airport in Calcutta (West Bengal) and one of the stations of the Calcutta subway are named after Bose, monuments in his honour are being erected. According to experts, those who fought on different sides of the front during the Second World War – some in the Anglo-Indian army, others – in the INA formations under Bose's command – are equally respected today in India. The main reason for this is that they all contributed to India's independence. India has legislative framework to counter discrimination. The Constitution of India (Part III) guarantees the equality of all citizens before the law, prohibits discrimination on grounds of religion, race, , sex and place of birth, and protects the interests of minorities. However, according to the law, the main factor determining if a person belongs to a minority or not is religion, not nationality. In accordance with the National Commission for Minorities Act of 1992, there are five main minorities in the country, viz. Muslims, Sikhs, Buddhists, Christians and Parsis.

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Ireland No manifestations of neo-Nazism or cases of glorification of Nazis or their collaborators have been identified in Ireland. Due to its neutrality, the country has neither monuments or other forms of memorials to Nazis or their collaborators, nor memorial structures in commemoration of those who fought against German Nazism. Irish soldiers who left Ireland without permission to join Allied forces (mainly British forces) were later convicted of desertion and only rehabilitated at the beginning of the XXI century. On everyday level, there have been negative comments about England in Ireland, but no cases of discrimination against the English have been detected at either state, societal, or everyday level. No cases of qualifying Nazis or their collaborators as members of national liberation movements have been detected in Ireland. At the same time, Irish authorities recognize the right of Latvia, Lithuania, and Estonia to "their own interpretation of the outcome of World War II". Ireland has not banned the sale of Allied Forces memorabilia, or that of the forces of Nazi Germany. The country's authorities do not impede commemorative celebrations of Victory Day on May 9, or the activities of veteran organizations and NGOs fighting against neo-Nazism, glorification of Nazism, and racism. There is no official or public information concerning racist and xenophobic movements and groups in Ireland. In 2004, Ireland passed a new version of the Equality Act that declared equal rights for all citizens of the country irrespective of their nationality or faith. The Act prohibited all forms of racism and discrimination in all areas of social and economic life. Its provisions were to be implemented by the Equality Authority, the Equality Tribunal, and the Racial and Intercultural Office of Garda Síochána law enforcement agency (combines the functions of police and state security service). Irish Network Against Racism, a nation-wide NGO, has 120 worked hard to prevent racism, racial discrimination, xenophobia and related intolerance. Under the national legislation, all racist, discriminatory, and xenophobic incidents (Nazism and neo-Nazism are not mentioned due to their absence), must be tried in court which is to decide on the punishment. In practice, in rare cases of the kind (graffiti, verbal abuse in schools and in the street), the sentences have been limited to administrative punishment in the form of a fine. The Equality Act does not prohibit organizations or movements that encourage racial discrimination, as the law enshrining the right to free expression of will and freedom of assembly requires such nature of an organization to be proven in court. History lessons on the outcomes of the World War II are generally based on objective assessments. The crucial role of the Soviet Union in the defeat of the Nazi Germany is acknowledged. Documentaries and feature films, including with Soviet and Russian historians and war veterans who give an accurate picture of the crimes of German Nazism and the heroic fight of European nations against it, are broadcast regularly on national television. It is common for NGOs in Ireland to conduct various events dedicated to the consolidation of society to prevent manifestations of racism, racial discrimination, xenophobia, and related intolerance. The State actively promotes and supports public movements for tolerance, respect for ethnic, religious, and cultural diversity, encourages international and inter-religious cooperation. According to the European Commission, Ireland is among the most tolerant countries in the EU, promotes inter-racial tolerance, and suppresses all forms of racism.

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Israel Russia and Israel are actively cooperating in countering the attempts to falsify history, revise the results of WWII, belittle the decisive contribution of the Soviet Union to the victory over Nazi Germany, glorify Hitler's collaborators, and deny the Holocaust. Israel remains grateful to the Red Army for the salvation of the Jews of Europe from complete physical extermination. Veterans' parades and Immortal Regiment actions take place every year in many Israeli cities. Israeli Prime Minister B. Netanyahu visited on 9 May 2018 the parade dedicated to the 73rd anniversary of the Victory in the Great Patriotic War, took part in the Immortal Regiment action and laid a wreath at the Tomb of the Unknown Soldier. In June 2012, Russian President in Netanya (Israel) took part in the opening ceremony of the Memorial in honour of the Red Army's Victory over Nazi Germany created on the initiative of Israeli Prime Minister Netanyahu. On 26 July 2017, the Knesset unanimously adopted the law in accordance with which May 9 was given the status of an official holiday in Israel. World War II veterans, prisoners of and ghettos, siege survivors and refugees enjoy benefits and receive allowances. The Israeli Union of WWII Veterans – fighters against Nazism and the Union of the Disabled Soldiers and Guerrillas from the war with the Nazis are actively functioning. In Israel, there are 96 museums and military glory rooms where veterans regularly meet with young people. Veterans' organizations provide assistance to those injured on the battlefields and to the victims of the Nazi concentration camps, and take efforts to perpetuate the memory of the struggle against Nazism and the heroism of the fighters. Given numerous victims among the Jewish population of Europe during the Second World War and respectful attitude to the memory of the Jews who died in the fight against fascism, there are no manifestations of neo-Nazism or attempts to glorify the Nazis in Israel. 122

After the events of 2014, activists of various nationalist and neo-Nazi organizations started to arrive in Israel from Ukraine with the main purpose of securing financial, political and information assistance to the new Ukrainian regime from Israel and the international Jewish lobby in general. Attempts were being made to use numerous Russian-speaking immigrants from the former Soviet Union in various events in support of "democratic" reforms in Ukraine and with a view to condemning Russia's "aggressive actions". The non-commercial right-wing organization "Israel supports Ukraine" established in 2014 (its founder is a retired major V. Vertsner) has been particularly active in Israeli society. Its activities are usually targeted at the young audiences of social networks. There is a "" web-page ("Right Sector Israel") in Israeli social networks written by D. Mitzenmacher. In the blogosphere, racist rhetoric is heard from V. Bromberg who is sponsored by the Chabad community of Ukraine through of the A. Granovsky. Certain news websites are also known for their anti-Russian character, in particular cursorinfo.co.il, whose publications often use anti-Russian clichés of the current Ukrainian authorities and the media. While Israel has consistently positioned itself as the "only democracy in the Middle East" there is a whole range of human rights challenges in the country. Many of them are due to the fact that this country with a significant Arab minority (about 20% of the total population of the country) was created and exists mainly as a Jewish ethnic and religious state, as well as the fact that a large part of the Palestinian territories still remains under Israel's control. The officially proclaimed strategic policy of "preserving the Jewish character of the State" results in discrimination against significant groups of Israeli citizens on national and religious grounds. A number of so-called basic laws infringe on the rights of "half-" and followers of unorthodox , as well as ethnic Jews adhering to other religions. In this context, the 123 adoption of the Basic Law on the Jewish Character of the State of Israel by the Knesset on July 19, 2018 provoked a negative response. According to this law, only Jews have the right to self-determination, and the Arabic language is deprived of its official status. The fact that the "Law on Universal Military Service" does not apply to national minorities (with the exception of Druze and Circassians) is also a violation of their rights. Indeed, only those who have completed active military service are entitled to significant benefits in acquiring housing, obtaining higher or secondary special education, employment, social benefits, etc. There exists intra-communal tension which is evidenced, in particular, by the dislike of indigenous Israelis towards immigrants. A survey commissioned by the Ministry of Repatriation and Absorption in February 2019 showed that 19% of native Israelis believe that repatriates exert negative influence on the culture in Israel, and 80% of respondents admitted that the attitude of Israeli society towards newcomers is largely determined by their country of origin. Despite the fact that the national legislation prohibits discrimination on racial, religious and political grounds, there are quite a few "racist incidents" in Israel not only against Arabs, but also against foreign workers, refugees from Africa and Jews coming to Israel from the former Soviet Union and Ethiopia, as well as various religious communities. Most often, people face discrimination in the workplace (19%), when visiting public institutions (15%) and when shopping or receiving services (13%). Racist views are widespread among Jews in relation to Arab citizens. In particular, more than two thirds of Jews do not want to live in the same house with the Arabs, almost 50% do not want to let the Arabs to their home, and 41% of respondents would prefer not to visit entertainment facilities together with the Arabs. It is noteworthy that Jewish students are more disinclined towards Arab ones than Arab students toward Jewish ones. 124

It is more difficult for Arabs to take public office, and there is discrimination against them within the Israeli judicial system. Problems arise if a citizen of Israel intends to marry a Palestinian: formally, such is not prohibited, but the Palestinian spouse has no right to live in Israel, as well as their children of 12 years and older born in such a marriage. Most Jews and Arabs are convinced that the lack of equality between Jews and Arabs in Israel is an indisputable fact. It is recognized by 65% of Jews and 85% of Arabs. Recently, Israel has seen an increase in religious commitment to the detriment of secularism, as well as targeted state funding of Orthodox/ultra- Orthodox organizations and institutions to the detriment of others. Orthodox Jews even insist on separate education for the children of Ashkenazi Jews and those of the so-called Eastern Jews (immigrants from Arab countries and North Africa), although it has been recognized as illegal by the Supreme Court of Israel. At the official level, discrimination reveals itself in the fact that migrants who are not ethnic Jews and children born in mixed families from non-Jewish mothers are not recognized by the Israeli Rabbinate as belonging to the Jewish religion, therefore this category of persons is deprived of the possibility to legally register a marriage. In order to circumvent this obstacle, a non-Jew may convert to Judaism (undergo the so-called giyur) or the couple may opt to get married abroad. Israeli authorities have repeatedly been suspected of state racism against Ethiopian female migrants (falasha). A few years ago, the Israeli Ministry of Health for the first time admitted charges of administering hormonal contraceptives Depo-Provera to "black Jewish women" without their consent. Many experts believe that the drop in the birth rate in the Ethiopian community of Israel by about 50% over the last ten years is also due to this forced contraception. 125

Public opinion polls show that 79% of Israel's population believe that the Ethiopian community suffers more than others from racial discrimination, followed by Israeli Arabs (68%) and the ultra-Orthodox (41.8%). About 34% believe that Russian-speaking immigrants are also subject to discrimination. Over the past two years, there has been an increase in Jewish extremism. In 2017, Jewish extremists attacked the Catholic Church of St. Stephen in Beit Jamal. Israeli extremists are trying by all means to oust Christians and Muslims from their lands. A similar incident occurred in 2016, when a 22-year-old Jewish extremist I. Rooney set fire to the famous Church of Multiplication of the Loaves and the Fishes in Tabgha. He was also accused of planning arson attacks against the mosques situated near Israel's illegal outpost of Baladim in the West Bank. In 2018, there was a sharp increase in the number of incidents in the West Bank which are qualified as "nationalist crimes" in the security system, namely violence and property damage committed by Jews against Palestinians. 482 offences of this kind were registered, which is three times more than in 2017, when 140 similar crimes were committed. Basically, these violent actions were carried out by radical Jewish settlers from the extremist organization "Noar Gvaot" ("Youth of the Hills"). Violence by Jewish settlers and right-wing activists includes beatings of Palestinians, throwing stones in passing Palestinian vehicles, painting offensive graffiti, damaging Palestinian houses and vehicles and destroying plants and crops in the agricultural lands belonging to Palestinians. It should be noted that in 2016-2017 there was a slight decrease in the number of such incidents. A number of preventive measures taken by the authorities at that time, including administrative arrests, expulsion from the territory of the West Bank, as well as the permission to apply tough measures to the detainees resulted in solving several criminal cases and at the same time served as a warning to other right-wing extremists. However, during 2018 after 126 the arrested activists had been released and new groups with younger participants had emerged, a significant increase in the number of nationalist incidents was registered once again. In the last months of 2018 tensions between settlers and Israeli security services increased. It happened against the background of two events: the removal of two caravans in the outpost of Amona that resulted in clashes between right-wing activists and the military police, and the arrest of five teenagers on suspicion of being involved in Jewish terror incident of October 2018 when a stone attack against the car of the Arab family led to the death of the mother of nine children from a severe craniocerebral injury. Far right activists protested then in Israel against the supposed intentions of the General Security Service (Shabak) to use physical coercion towards the suspects in the course of the investigation. The rights of the Palestinians in the West Bank are being seriously violated by the Israeli military authorities ("Israeli Civil Administration"). Palestinians face difficulties in obtaining construction permits from the Israeli administration in Area C (PNA territories under full control of Israel). This forces Palestinians to resort to building "illegally" without permits, and the Israeli authorities periodically destroy Palestinian buildings, which causes harsh criticism from human rights organizations. The Defence Emergency Regulations adopted in 1945 by the British Mandate authorities are still being applied to Palestinians ("Unlawful Assembly", "Police Control", "Administrative Detention", "Deportation", "Curfew", "Sealing off of Territories"). These acts provide the Israeli authorities with a legal right to establish in the Palestinian territories practices close to the law of war, including the right to declare ‘illegal' any undesirable organization, detain people without a court order with recognizance not to leave for up to one year, arrest suspects without formal charges for up to six months, evict people from their places of residence without giving reasons, separate the owners of the 127 land from their possessions in order to declare the land unused and confiscate it according to the Land Acquisition Act (1953). In May 2018, the Israeli High Court ruled that the residents of the Bedouin village of Khan al-Ahmar in East Jerusalem (180 people, including 92 children) should be deported and the land on which the village is located expropriated. The aim of this inhumane act was to increase the area of illegal Israeli settlements of Maale Adumim and Kfar Adumim in the occupied Palestinian territories. The police and the Army are constantly applying age restrictions to Arab men who want to attend Friday prayers at the mosque on the Temple Mount in Jerusalem, justifying it by the desire to "prevent possible unrest". Yet, recently the clashes in the territory of the al-Aqsa Mosque located on the Temple Mount have occurred rather regularly. Often clashes are provoked by the followers of Orthodox Judaism who consider the Temple Mount to be a major holy place for Jews and are not ready to respect the status quo which gives control over the al- Aqsa Mosque to the Muslim Waqf. In February 2019 there were massive clashes between Muslim believers and Israeli security forces in the area, following the restrictions imposed by the Israeli authorities on the use of the premises inside the Golden Gate, known as the Gate of Mercy in , by Muslims and the encouragement of Jewish prayer ceremonies on the Temple Mount. The potential for conflict between Jewish clerics with the Muslim community of Jerusalem and global Islamic community as a whole is far from being exhausted. It should be noted that tense confrontation between Israelis and Palestinians has an extremely negative impact on the security of the Jewish population of Israel itself who are anxious about the possibility of attacks by the activists of the Islamic movement Hamas in Gaza, expected threats of attacks by the Hezbollah organization against Northern regions of Israel, as well as attacks by individual Palestinian militants in the West Bank: thus, on January 9, 2019, a Palestinian killed Rabbi R. Shevah who was a resident of the 128

Israeli outpost of Havat Gilad; on March 17, 2019 an Israeli soldier and a resident of the settlement of Eli, father of 12 children of Rabbi A. Ettinger were killed; on March 25, 2019 a rocket launched from Gaza hit a building in the village of Mishmeret in Central Israel. Confrontation between the Israeli military and the Islamists in Gaza has not stopped since March 30, 2018 and so far the situation fails to be remedied. In the international arena, Israel is criticized for terrorist attacks against civilians, politically and religiously motivated killings, administrative arrests of Palestinians, humiliation of the Arab minority, violation of the rights of migrants seeking asylum in Israel. Foreign media often mention the statements and initiatives of Prime Minister Netanyahu and members of the Cabinet of Ministers aimed at limiting democratic rights and freedoms, as well as attempts to discriminate on ethnic grounds (for example, the decision of the Ministry of Transport to remove Arabic-language announcements in the buses of the city of Beersheba). It should be noted that some governmental and legislative initiatives that run counter to human rights principles and international law are blocked in practice. For example, legislation allowing the authorities to withdraw citizenship on grounds of disloyalty, to jail children as young as 12 years old or to give long prison sentences for national flag desecration was adopted in 2011- 2016 by the Knesset and was subsequently blocked.

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Italy Article 48 of the 1947 Constitution of the Italian Republic prohibits the revival in any form of the fascist party dissolved after Italy's defeat in the World War II. In 1952, Italy passed the so-called Scelba Law that stipulated criminal liability for the creation of associations, movements, or groups with characteristics similar to those of the fascist party and aiming to revive it. It also provided for a punishment for public praise of "personalities, principles, actions, and methods of the fascist regime, or its anti-democratic aims". At the same time, in 1957, the Constitutional Court of the Italian Republic corrected the Scelba Law, considering as criminally punishable only such support for fascism, the political and legal consequences of which can lead to the re-establishment of the fascist party. In 1993, in furtherance of the Scelba Law, the Mancino Law was adopted, criminalizing the "propaganda of ideas based on racial superiority, racial, and ethnic hate, as well as the glorification of personalities, actions, and methods of the fascist regime, or its anti-democratic values." At the moment, several neo-fascist organizations operate in the far right of the in Italy, the most famous of them are national far-right parties CasaPound (the House of Pound), Forza Nuova (the ), and Movimento Fascismo е Liberta – Partito Socialista Nazionale (the Fascism and Freedom Movement – National Socialist Party), none of which receives more than 1% of the votes in parliamentary and European elections. At the same time, smaller associations of radical nationalists exist on the regional and local levels – Lealta Azione (Loyalty and Action, ), Skin4Skin (Milan), Hammerskin (Milan), Generazione Identitaria (Gerneration of Personality, Milan), Manipolo d'Avanguardia (Advance Party, Bergamo), Do.Ra (Varese), Militia (Roma), Avanguardia Nazionale (Roma), Rivolta Nazionale (Roma), Fortezza Europa (Verona), Veneto Fronte Skinheads (Vicenza). 130

In 2017, the Chamber of Deputies (the lower house of the Italian Parliament) approved in the first reading the Fiano Law that criminalized the "production, sale, distribution, and trade in objects with images and portraits of fascist personalities, symbols, and propaganda in the public space of symbols and attributes of the fascist party, including gestures." The use of the Internet for those aims was qualified as an aggravating circumstance. However, due to the termination of powers of the Parliament, the law was not adopted. In Italian public and political life, fascism is not a taboo subject, but in the public space, executive and legislative officials try to avoid being seen as nostalgic of 's iron fist. At the same time, experts believe that government officials irrespective of the political affiliation of the ruling Cabinet are rather favourably disposed towards Mussolini's ideological followers, and do not see such marginalized political associations as a real danger to the public order, and national security. For example, on April 27, 2018, under the initiative of the local authorities, the "Last Front" association, famous for detailed restoration of uniforms and gear of soldiers of Hitler's Germany, performed in Cascina (Toscana) a re-enactment of historifc events. History fans passed through the town in full uniform of Wehrmacht and SS troops. Representatives of the National Partisan Association and the Democratic Party refused to take part in the festive procession.95 On June 7, 2018, the mayor of Gazzada allowed to hold the presentation of a book by the Do.Ra. leader dedicated to the "crimes" of local Italian partisans in the war years, in the city hall.96 On February 19, 2019, the authorities of Lombardy patronized children's martial arts competintions organized by an association that was part of Lealta Azione.

95 https://www.ilfattoquotidiano.it/2018/04/27/cascina-ricorda-la-liberazione-anche-con-una-finta-parata-di-ss- la-sindaca-leghista-cosi-sguardo-piu-comprensivo/4320934/ 96 https://www.ilfattoquotidiano.it/2018/06/07/lega-la-sindaca-di-gazzada-schianno-concede-la-sala-del- comune-ai-neonazisti-critiche-da-anpi-pd-e-anche-dal-carroccio/4411302/ 131

Public rallies organized by radical nationalists include events dedicated to "landmark" dates (March 23, 1919, – the foundation of the Italian Fasci of Combat, July 29, 1883, – birthday of , October 27-30, 1922, – the March on of the ), as well as rallies in places of burial of fascist personalities (Cimitero Maggiore di Milano). Experts believe that radical nationalists are highly active. For example, on August 1, 2018, radical nationalists inflicted a knife wound on Enrico Nascimbeni, an anti-fascist writer.97 On January 7, 2019, in Rome, neo-fascists from Forza Nuova, Avanguardia Nazionale and Fiamme Nere met on the Verano cemetery in memory of three neo-fascists who died on January 7, 1978, in front of the headquarters of the (a neo-fascist party, disbanded in 1995) in an attack of far left activists. In the course of the event, two journalists of Espresso news outlet, who tried to capture footage of the event, were injured by radical nationalists.98 The accident was widely publicized in the national mass media.99 On March 17, 2019, Forza Nuova far-right activists made an inscription on the wall of a house with a plaque dedicated to partisan M. Peluzzi – "The people are fighting with Forza Nuova" – and added the image of three fasces (the symbol of fascism).100 The same night, in Rho, in the vicinity of Milan, a monument to four partisans shot on October 13, 1944, was desecrated with fascist symbols.

97 https://www.huffingtonpost.it/2018/08/02/lo-scrittore-nascimbeni-due-fascisti-mi-hanno-aggredito-a-milano- gridavano-sporco-comunista_a_23494618/?utm_hp_ref=it-neofascismo 98 http://espresso.repubblica.it/attualita/2019/01/07/news/vergognosa-aggressione-fascista-a-roma-contro-i- giornalisti-de-l-espresso-1.330219?ref=RHPPLF-BH-I0-C8-P1-S1.8-T1 99 https://milano.repubblica.it/cronaca/2019/02/19/news/lombardia_regione_sponsor_evento_sportivo_neonazist a-219553569/?ref=search 100 https://milano.repubblica.it/cronaca/2019/03/17/news/forza_nuova_milano_via_spaventa_scritte_fasci_litto ri_anpi-221798068/?ref=search 132

On March 19, 2019, in Prato (Tuscony), Forza Nuova neo-fascists drew swastikas on the walls of local offices of the ANPI and the Democratic Party.101 On March 22, 2019, the court of Mantua (Lombardy) decided that the registration of a party called the Italian (it. Fasci Italiani del lavoro) and with the corresponding fascist symbols did not violate the Scelba Law.102 The issue came to light when in the summer of 2017 this party won one place in the elections to the city council (a legislative body) during the elections. After the interference of the President of the Chamber of Deputies and the Minister of Internal Affairs, the Italian Council of State overturned the results of the election. On March 22, 2019, in Milan, on the eve of a hundredth anniversary of the foundation of the Italian Fasci of Combat (founded on March 23, 1919, in Milan, in 1921-1943 – the ), Lealta Azione neo-fascists mounted a plaque reading "To the young people who gave up everything to their Motherland and the immortal idea" on one of the monuments at the Cimitero Monumentale.103 On March 23, 2019, a neo-fascist rally authorized by the city authorities took place at the Cimitero Monumentale. A concert planned for the same day and organized by Casa Pound was cancelled by decision of the prefect of Milan. On March 23, 2019, a procession of Forza Nuova activists took place in Prato.104 On March 29, 2019, in Bergamo, unknown persons drew a swastika on the wall of the local office of the Democratic Party.

101 https://firenze.repubblica.it/cronaca/2019/03/19/news/prato_scritte_inneggianti_il_duce_sulla_sede_dell_an pi-221975617/ 102 https://milano.repubblica.it/cronaca/2019/03/22/news/fascismo_mantova_fasci_italiani_del_lavoro_sermi de-222244402/?ref=drac-2 103 https://milano.repubblica.it/cronaca/2019/03/22/news/neofascismo_cimitero_monumentale_targa_memento _lealta_azione_anpi-222223487/?ref=search 104 https://www.ilfattoquotidiano.it/2019/03/20/prato-corteo-di-forza-nuova-per-i-100-anni-dei-fasci- per-la-prefettura-si-puo-fare-rossi-decisione-sconcertante/5051443/ 133

On March 29, 2019, in Milano, a local resident was beaten after trying to draw the attention to the actions of neo-fascists who were putting up propaganda posters.105 As for manifestations of xenophobia in Italy, experts agree that their majority are not connected to the activities of neo-fascists and have an everyday nature. Among the major reasons for the growth of xenophobic attitudes in recent years are the deterioration of the social and economic situation of the population, a high level of unemployment among young people, and the presence of migrants from Africa and Asia. According to extracts from the report by the Office on Countering Racial Discrimination within the Italian Council of Ministers published in March 2019, 3,260 manifestations of racial and ethnic discrimination have been detected in Italy in 2018 (10% more than in 2017), and these are only registered cases. On February 22, 2019, Manifesto newspaper covered a case of racist behavior by an elementary-school teacher of one of the schools in Foligno (). To punish a student of African descent, the teacher made him stand facing the window and told the class: "Look at how ugly this black child is! Turn around, I do not want to look at your face! Do you not find him ugly?" The same newspaper mentions another incident, when on February, 20, 2019, in Neapol, a 51-year-old African man was attacked by thugs who sprayed tear gas into his face shouting racial insults. In August 2018, Catholic newspaper Avvenire covered several cases of racism. For example, in January 2018 in Cantù (Lombardy), an ambulance patient insulted a Cameroonian paramedic by saying "I do not want to receive treatment from a ." In February 2018, a resident of Macerata (Marche) "was running around the town armed looking for " to avenge the death of an 18-year-old

105 https://milano.repubblica.it/cronaca/2019/03/29/news/trentenne_aggredito_a_calci_e_pugni_da_militanti_di_ forza_nuova_a_milano-222806420/?ref=search 134 girl killed shortly before by a group of Nigerian migrants. On March 5, 2018, a resident of Florence (Tuscany) left his house with an intention to commit suicide, but instead killed a Senegalese, who was selling umbrellas, with six shots from his Beretta. On March 13, 2018, in Perugia (Umbria), two Chinese men were beaten in the center of the city to the shouts: "Chinks, you stupid dogs, on your knees!" At the same time, legal mechanisms against racism and neo-Nazism exist in Italy. For instance, under the criminal legislation, libel and threat, if they are discriminatory or based on ethnic, national, racial, or religious hatred, are aggravating circumstances. The investigation of such crimes as racial hatred or incitement to violence motivated by racism is controlled by a specialized agency (Monitoring Centre for Protection Against Acts of Discrimination). Cases of discrimination, and racial stereotyping and in mass media and the Internet are handled by the National Directorate Against Racial Discrimination. In January 2016, a National Center Against Discrimination in Mass Media and the Internet was established as well. The Center registers cases of hate speech in the Internet and analyzes them. Measures are taken in relation to content of a pronounced discriminatory nature (its percentage is small): the corresponding social networks are notified of them to ensure their removal, or law enforcement authorities are informed about them to start an investigation and hold the persons guilty of them accountable.106 The most respectable organization in Italy fighting against manifestations of neo-fascism, racism, and xenophobia is the National Association of Italian Partisans (ANPI), with offices all over the country, as well as catholic and international human rights organizations. At the political level, this function has been assumed by left-wing parties led by the Democratic Party.

106 Report by HRC Special Rapporteur on contemporary forms of racism (A/72/291) on the 72nd session of the UN General Assembly. October 2018 135

In March 2019, several Italian cities, including major centres – Milan and Turin – hosted thousand-strong processions and other events dedicated to the International Day for the Elimination of Racial Discrimination (March 21). In Milan, they were organized by the ANPI, Christian Associations of Italian Workers, the Community of Sant'Egidio, Amnesty International, etc. On March 30, 2019, in Sežana (Slovenia), the ANPI together with national partisan associations of Slovenia and Croatia held a conference "Brothers without borders – Italians, Slovenians, and Croatians united in the face of nationalism, neo-fascism, and racism".

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Jamaica There are no manifestations of Nazism, neo-Nazism or other contemporary forms of racism, racial discrimination, xenophobia or related intolerance in Jamaica. In this regard, Jamaican criminal law does not specify the above as aggravating circumstances. During World War Two, Jamaica, as a British colonial subject, stood with the Allies. The Jamaicans took part in the fighting in the ranks of the British Army. In this regard, there is no sympathy for Nazism and no desire to revise the results of World War Two. Jamaica has consistently supported the Russian draft resolution of the United Nations General Assembly entitled Combating the glorification of Nazism, neo-Nazism and other practices that contribute to fueling contemporary forms of racism, racial discrimination, xenophobia and related intolerance. The Government respects ethnic, religious and cultural diversity, as stated on the Jamaican coat of arms "Out of many, one people". In the , there were isolated incidents involving attacks against ethnic Chinese merchant, as well as persecution of members of the Rastafari religious movement, which did not have continuation in the years since. Traditionally, Jamaican society has an aversion to racism and racial discrimination. Jamaica was one of the initiators to the apartheid regime in , of which they are still very proud there. No racism-related cases during sporting events were recorded.

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Kazakhstan In the Republic of Kazakhstan, no manifestations of the glorification of Nazism and neo-Nazism have been detected. Day of Victory in the Great Patriotic War is an official public holiday in Kazakhstan and is celebrated across the nation. Kazakhstanis hold General in especially high esteem. There are streets named after him in almost all major cities of Kazakhstan. Kazakhstani Heroes of the Soviet Union – , Rakhimzhan Qoshqarbaev, Aliya Moldagulova – are in high regard in Kazakhstan, monuments to them have been erected in many cities in Kazakhstan. Kazakstanis are sincerely proud of their contribution to the joint victory over fascism, in particular, in the battles of Moscow and Stalingrad, and emphasize that every 8 out of 10 Soviet bullets shot at the enemy were cast of Kazakhstani lead. In Kazakhstan, veterans of the Great Patriotic War have increased pensions and additional social benefits. Veteran organizations operate freely and with full support from the authorities. Meetings of young people with veterans are treated as an important part of military and patriotic upbringing of the younger generation. Vandalism against monuments to war heroes, war cemeteries and memorials is exceptionally rare in Kazakhstan. As a rule, isolated instances of the kind are followed by an immediate and acute reaction of both the authorities and the public. In particular, that was the case when in June 2018 the monument to participants in the Great Patriotic War in Shymkent was desecrated. The Immortal Regiment national rally is gaining popularity in Kazakhstan. The original attempts by the authorities to limit its scale and turn it into a country-specific event (in particular, by changing the ribbons of Saint George to similar ribbons in the colours of the flag of Kazakhstan) were not particularly successful. 138

At the international arena, Kazakhstan regularly acts as a co-author of the Russian draft of the UN General Assembly 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. Speaking of nationalism, xenophobia, and aggressive nationalism not connected to fascism and neo-Nazism, their manifestations in today's Kazakhstan are present not just on everyday level, but also in social networks, mass media, and public policies. Non-title ethnic groups in Kazakhstan face xenophobic attitudes to this or that degree. For example, in January 2019, in Karaganda, as well as Kazakhstani social networks, there has been an upsurge in anti-Armenian sentiments after an ethnic Armenian murdered a Kazakh. Recent years have been marked by a significant growth in Rusophobia and Sinophobia. Patriotic nationalists active in social networks talk about some fictitious "discrimination of in their own country" and virtually lobby for preferences for members of the title nation during recruitment and appointment to posts of responsibility, in fact making the Russians and other non-Kazakhs "second-class citizens", what is already impelling them to leave the country. Nationalist sentiment is supported by the representatives of Western mass media, who actively invade Kazakhstani social networks and the Internet, purposefully support Kazakhstani nationalists who advocate for a ban of Russian television-channels in Kazakhstan, and an exclusively Kazakh (as opposed to Kazakhstani) statehood. In February 2019, a notorious video by Manas Bistaev, former journalist of a Kazakhstani information portal nur.kz, who urged the audience to "stab Russians", was widespread in Kazakhstani social networks. It is known that this Internet resource receives grants from Western funds as part of the program for supporting "independent" Kazakhstani mass media. 139

Events and tendencies of this kind receive adequate attention from Kazakhstani authorities who try to suppress extreme manifestations of nationalism and xenophobia. Kazakhstani legislation stipulates criminal liability for "incitement to social, national, lineal, racial, class, and religious antagonism" in the form of 2 to 7 years of deprivation of liberty and 12 to 20 years as part of a group (article 174 of the Criminal Code of the Republic of Kazakhstan). It was under this article that Manas Bistaev was brought to justice. Financing of or any other material support to such activities, as well as complicity in them is a criminal offence punishable, according to article 258 of the Criminal Code of Kazakhstan, with 5 to 9 years of deprivation of liberty with confiscation of property.

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Kuwait The law and international obligations of Kuwait include the interdiction of any forms of human rights infringements on religious, national, racial and other grounds. According to the cultural specificities of the country, as well as moral and ethical standards of Islam (Islamic law is the base of the emirate's legislation), discrimination is inadmissible and stigmatized. Incidents of intolerance and xenophobia in Kuwait are sporadic; they are rather an exception than an established practice. The last reported case of this kind took place in July 2018, when a scandal exploded in the media of the emirate in relation to xenophobic discourse of the popular blogger Sondos al-Qattan concerning Filipino domestic servants. Nationalism in daily life is weak and not institutionalized – the activity of political parties is prohibited in Kuwait. Meanwhile, a number of members of the National Assembly (parliament) make periodical statements on the necessity to restrict the rights of migrant workers and to reduce their numbers to save State budget and equalize demographic imbalance. There are no legal norms regulating opposition to neo-Nazism in the emirate. Nevertheless, Kuwait traditionally supports the United Nations General Assembly resolution initiated annually by Russia "Combating the glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". Soviet symbols are not prohibited in the emirate; Kuwaiti citizens perceive them in a neutral or positive way. The authorities do not hinder the events held by Russian compatriots in relation with the Victory Day, including the patriotic remembrance event "Immortal regiment". Books on Soviet and Russian history, including the events of World War II, are sold freely in the emirate. 141

Some aspects of human right issues, partially common to most Arab monarchies of the Gulf, are criticized from year to year by the leading international NGO ("Amnesty International", "", etc.). Experts estimate that foreign workers, who constitute today about 70% of the population in Kuwait (about 3.1 million persons, primarily from developing countries of South and South-East Asia), face a number of difficulties due to violations of labour law in their regard and to the commitment of the authorities to assure the needs of the labour market in the emirate mostly with local population. Migrant workers are often subjected to forced labour and deportation for the slightest faults. Another vulnerable population group are stateless persons (indigenous population, "bidoons") whose number, according to official data, exceeds 110,000. According to the estimations of Kuwait government, only 34,000 of them have grounds for obtaining citizenship of the emirate; the rest, being of Saudi or Iraqi origin, do not meet the criteria for considering them as the emirate's citizens. This category of population cannot fully enjoy their civic rights, including participation in elections, employment in the spheres of education and public health, education abroad, and free health care.

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Latvia In 2018-2019 the Latvian authorities continued to pursue a consistent policy of historical revisionism, justification and glorification of former SS men and their accomplices, rehabilitation of Nazi criminals. Glorification of Latvian Waffen-SS legionnaires and attempts to present Hitler's henchmen as "freedom fighters" remain one of the key elements of the evidence base behind the ideas of "Soviet occupation" and "Patriotic education" of the young.107 108 At the international level Latvian representatives have promoted historically false idea that Baltic collaborators were forced to join Waffen-SS by the Nazis. They argued that Latvia as a State did not participate in the World War II since it was occupied. Latvian official authorities present marches of neo-Nazis as "peaceful events" that meet democratic standards. The right-wing party "National Alliance" remains a staunch supporter of far-right ideas. Each year on 16 March members of the Seim from the National Alliance and its supporters take part in marches of former Waffen-SS legionnaires in Riga and lay flowers on the grave of the SS men in the cemetery in Lestene. Another shameful march of legionnaires was held on 16 March 2019 in the center of Riga, where the National Alliance members and adviser to the Prime Minister on demography participated. At the same time, the Latvian anti- Fascist Committee was deprived of the opportunity to hold full-fledged "response" events on 16 March. Despite the fact that the Great Patriotic War veterans and former prisoners of Nazi camps have timely submitted applications to hold a picketing, it was relocated from the Freedom Monument (the end point of the march route in support of legionnaires) to a more remote place under the pretext of security.

107 A sufficient number of publications on the growth of radical nationalism and whitewashing of Nazism in Latvia has been issued to date. See, for example, V.Gushchin. Latvia 1988-2015: a Triumph of the Radical Nationalists. Riga, 2017.

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The Latvian-language media serve as a tool for promoting the government policy. For instance, shortly before 16 March 2019 mass media published new materials which lay the foundation for a so-called "correct" public perception of this date and the related events. Their authors reminded about those "humiliations suffered by the Latvians, for which the USSR is responsible". In addition, in their publications, celebrations on 16 March were counterposed to celebrations on the occasion of 9 May near "the symbol of Victory imposed by invaders" – the Monument to the Liberators in Pārdaugava in Riga. Not only among the population of their country do the Latvian authorities encourage to preserve the memory of the Nazi criminals' accomplices, but they also seek actively to do so at the European level. For instance, a monument to the Latvian Waffen-SS legionnaires, who had been held in the local camp by the end of the war, was unveiled on 23 September 2018 in Zedelgem (Belgium) at the instigation of the Museum of the Occupation of Latvia. There are also other attempts to glorify Nazism and falsify history in Latvia. The most recent examples are: the dismissal of the case of H. Cukurs, involved in the extermination of the Jewish population during the Great Patriotic War; collection of signatures for the removal of the Monument to the Liberators, and desecration of the memorial in Riga. Another manifestation of the cynical rewriting of history is the attitude of the Latvian authorities to the activities of anti-fascist organizations. For example, the HRC Special Rapporteur on contemporary forms of racism stresses in his report at the HRC 38th session that the annual police 2016 report on maintaining public order, published in April 2017, stated that informal celebrations of the Victory day over Nazi Germany pose a threat to national 144 security109. There are no preconditions which would indicate changes in this approach of the Latvian authorities. The country's top officials traditionally participate in the events dedicated to the Day of Remembrance for the Victims of the Communist Genocide. In accordance with the law on Partnerships and Institutions 2003, "it is prohibited for a partnership and an institution in their activities to preach openly the ideology of Nazism, fascism or communism, as well as to take actions aimed at inciting national, ethnic, racial and religious hatred and discords". The Latvian Criminal Law 1998 provides for liability, including criminal liability, for "public glorification of a genocide, denial, justification or gross humiliation of the committed genocide, the crime against humanity, the crime against peace or the , including the genocide committed by the USSR or Nazi Germany against the Republic of Latvia and its population", as well as for "actions aimed at inciting national, ethnic, racial or religious hatred or strife". The law on Assemblies, Marches and Picketing 1997 prohibits using Soviet or Nazi symbols, including the Nazi swastika, during public events - unless it is not used to glorify "totalitarian regimes" or justify their crimes. On 19 March 2019 the Human Rights and Public Affairs Committee of the Seim approved amendments to this law (on 4 April 2019, the law was adopted in the second reading), prohibiting the use of the USSR armed forces and "repressive formations" uniform, symbols and performance of the USSR anthem. The most notable right-wing organization, who glorifies Waffen-SS legionaries and activities of "national guerrillas" (Forest Brothers), are the Daugava Hawks. With the support of the National Alliance, Limbaži branch of the Daugava Hawks organizes marches on 16 March on an annual basis. The Gustavs Celmiņš Centre (successor to radical organization Pērkonkrusts, which

109 Report of the HRC Special Rapporteur on contemporary forms of racism on trends in the glorification of Nazism at the HRC 38th session. June 2018 A/HRC/38/53. 145 ceased to exist and whose members advocated the "Latvian Latvia") can be also considered as a right-wing organization. In March 2019, the court dismissed an administrative case against Igor Shishkins, the head of the Gustavs Celmiņš Centre, who held a flag with a symbol similar to the swastika near the Freedom Monument on 18 November 2018. Considering the engagement of a younger generation in the Latvian nationalist sphere of influence, Jaunsardze – the youth wing of Zemessardze (Latvian National Guard, militia) – serves as a platform for intensive activities in this field. Currently there are more than 8.500 members in Jaunsardze. Compulsory military training lessons are to be introduced in 2024/2025 school year in all schools in order to bring up "loyal and patriotic citizens of Latvia". One of the mandatory elements of these activities is the study of the State history in the interpretation describing the so-called "occupation of Latvia". In Latvia discrimination is prohibited under Article 91 of the Constitution. Nevertheless, the government policy towards the representatives of the Russian-speaking minority (preserving mass statelessness and narrowing the scope of use of the ) is aimed at significant infringement of their rights. International human rights structures and mechanisms (in particular, Committee on the Elimination of Racial Discrimination) also stress this. They believe that the government (including the reform of the educational system aimed de facto at the eradication of bilingual schools) should not contribute to direct or indirect discrimination against national minorities. These structures and mechanisms recommend Latvia to foster the elimination of "non-citizens" status by automatically granting citizenship to children of "non-citizens" (the relevant initiative was re-introduced by the President to the Seim on 21 March 2019). According to the Latvian State Security Service, activities of right- and left-wing extremist organizations in the country are quite low. Latvian authorities do not make public any ethnic clashes between Latvians and 146 representatives of minorities. Information on hate crimes is not publicly available. The European Commission against Racism and Intolerance believes that the system of recording such crimes, on the basis of which statistics are compiled, needs to be improved. According to the European Union Agency for Fundamental Rights (FRA)110, collection of classified information on hate crimes in Latvia, as well as in a number of other EU States, is inefficient. It is indicative that while preparing the survey on Discrimination and Hate Crimes Against Jews in the EU (published by the European Union Agency for Fundamental Rights in December 2018), the FRA experts had to conduct it "manually", holding interviews with 200 Latvian residents, who identify themselves as Jews. 12 per cent of them consider anti-Semitism a great problem for their country, 77 per cent believe that the situation in this area has not changed in the last five years. At the same time, 61 per cent of respondents did not express concern about manifestations of anti-Semitism on the Internet. Three per cent of respondents had been facing various anti-Semitiс acts of aggression for a year before the survey, six per cent – for five years before the survey. Every third feared falling a victim of abuse or physical violence because of belonging to the Jewish minority, an even greater number of respondents suffer anxiety for their families. Three per cent of Latvian Jews feel discriminated due to their religious affiliation, the same number – due to their origin. At the same time, about 70 per cent of the respondents are aware of the legislation protecting Jews from discrimination in recruitment and employment and punishing for incitement to violence and hatred against this category of citizens.

110 http://fra.europa.eu/en/publicatuons2018/hate-crimes-recording 147

Lithuania The Lithuanian government systemic policy aimed at falsification of the World War II history ensures continued manifestations of glorification of local Nazi supporters, attempts to equate the Nazi and Soviet regimes, political, administrative and even criminal prosecution of those who question official interpretation of historical events. The Lithuanian legislation provides for a wide range of prohibitive and repressive measures related to demonstration of symbols of the USSR and Nazi Germany, public approval of the "crimes of these States against the Republic of Lithuania". Textbooks for schools and high schools are being rewritten, display materials in local history museums are being transformed in accordance with the "new" historic approaches, new museums focusing on specific subjects are being opened, including the Museum of Genocide and the Resistance of the Lithuanian Population to Occupation Regimes, located in the former Lithuanian SSR KGB building – all this is aimed at entrenching the "new" historical approaches in Lithuania. Against this background, it is de facto prohibited to discuss crimes of the "Forest Brothers" (in the Lithuanian interpretation – "guerrillas"), which are named as "fighters with the Soviet regime", in the Lithuanian public information space. Documented facts that tens of thousands of peaceful civilians fell victims of the so-called guerrillas and that many members of gangs participated in the structures of the Third Reich occupation administration and were directly involved in the Holocaust in Lithuania are neglected. During the World War II, more than 95 per cent of the Lithuanian Jewish population (more than 200.000 people) was killed. Indicative is the situation around the honoring of Adolfas Ramanauskas, one of the "Forest Brothers" leaders, who, according to the Simon Wiesenthal Centre Israel's office, could have participated in punitive actions against the 148

Jewish population. In November 2017, the Lithuanian Seima approved the draft law, which was introduced by nationalist MPs and proclaimed 2018 the year of Adolfas Ramanauskas. In October 2017 in response to the initiative of the MPs, Rita Vanagaite, journalist and author of the book "Our People", which depicts how the Forest Partisans participated in the Holocaust, revived discussions on the inadmissibility of glorification of the Forest Brothers. , head of the the Simon Wiesenthal Centre, who came to Vilnius and said that he had collected evidence that this so-called "guerrilla" took part in punitive actions against the Jewish population, supported her. The conservative party "Homeland Union – Lithuanian Christian Democrats" (HU-LCD), its supporters and the Lithuanian media strongly condemned Rita Vanagaite, accusing her of contributing to "the Russian propaganda". one of the largest publishing houses "Alma litera", who published Vanagaite's best-sellers, ceased to sell them after the complaint of Andrius Tapinas, journalist, well-known for his support of glorification of the Forest Brothers,. The European Jewish Congress condemned in turn this step and the threats against Rita Vanagaite, urging the Lithuanian government to stop "honoring those who collaborated with the German invaders". Lithuanian Prime Minister Saulius Skvernelis said that he saw no reason to reconsider the role of Lithuanians in the killings of Jews, because Lithuania has allegedly done all the necessary assessments of the Holocaust. Due to public persecution, Rita Vanagaite was forced to leave the country, publicly apologizing that the facts she presented sounded like accusations against the "Lithuanian hero". After the ceremonial reburial of Adolfas Ramanauskas in October 2018, the Lithuanian Seima approved a declaration recognizing him as the de facto head of state of post-war Lithuania. On 25 January 2019, the results of a large-scale study, supported by the Yale University, Grinnell College and the European Union for Progressive 149

Judaism (Holocaust Remembrance Project)111, on attitudes to the history of the Holocaust in the EU were published. American researchers studied preservation of the memory of the Holocaust in Europe in the framework of the following issues: attitude of the authorities and society to those who pursued the policy of mass extermination of Jews, awareness-raising activities and dissemination of truthful information about the Holocaust, including the role of the media and civil society organizations. Basing on these criteria, all focus countries were assigned a color index which indicated the level of risk that the history of the Holocaust may be revised: green – slight risk of revisionism; yellow – there are significant problems in preserving the memory of how the Nazis exterminated the Jewish population; red – the history of the Holocaust is silenced, falsified, and it comes up to the denial of the genocide committed by Nazis as such. The key conclusion of the report is that the policy, pursued by a number of European governments, is aimed at rehabilitation of World War II criminals and at minimizing their role in the genocide of the Jewish nation. According to the study, such ideas are most popular in Poland, Hungary, Croatia and Lithuania. Considering Lithuania, the report states that the country continues to struggle with its tragic history, Lithuanian authorities resist to recognize the scope to which Lithuanians collaborated with the Nazis, Nazi collaborators and war criminals are further glorified for their anti-Soviet resistance, and the Lithuanian government proposes to prohibit disputes on the Holocaust matter at the legislative level. The Lithuanian Union carries out shocking actions to glorify the Forest Brothers. Despite the criticism exercised by the European Commission against Racism and Intolerance and the international community, with the support of the authorities it holds neo-Nazi marches in Vilnius and Kaunas on the Restoration of Lithuanian Statehood Day (16 February) and on

111 https://docs.wixstatic.com/udg/c1aa54_d6fdacf05b6845a3a2cacbf80ed6720c.pdf 150 the Restoration of Lithuanian Independence Day (11 March) under the slogan "Lithuania for Lithuanians". Since 2016, representatives of the Lithuanian radical neo-Fascist organization "Shield" have been taking part in such marches, demonstrating flags and posters with Fascist and anti-Semitic symbols. One of the most country's famous biker clubs "Vorai MC", which received media coverage in October 2017 due to the fact that Laurynas Baltrunas, president of the club, was detained on suspicion of and murder, also participates in annual "patriotic youth" marches. After the incident, the organization was excluded from the Lithuanian Biker Congress. Gatherings of the so-called populists, who openly advocate "values" of the Third Reich, also serve as another example. In the absence of a Russian-Lithuanian intergovernmental agreement on the burial sites of soldiers and civilian victims of wars and repressions, the situation with the graves and monuments of Soviet soldiers-liberators, located on the Lithuanian territory, remains unsettled in legal terms, which allows the Lithuanian authorities to broadly interpret the approach to this issue. It can be argued that the Lithuanian side has de facto ceased to maintain Russian military and memorial sites after the Lithuanian Ministry of Culture adopted the new Rules for Improving Cultural Heritage Sites, Located on the Territory of the Republic of Lithuania and which are of Special Significance for Foreign States in June 2018. Political repressions against dissidents, prosecution of those who disagree with the authorities on historical issues, the fight against dissidents who are not afraid to tell the historical truth is the reality of modern Lithuania, as well as of Latvia and Estonia. Lies about the past and the present of the Baltic States constitutes the basis for the legitimacy of the ruling regimes in the Baltic States. Therefore administrative and judicial resources of "punitive justice", which guards the interests of the establishment, are used against dissidents. 151

Article 170/2 of the Lithuanian Criminal Code provides for liability (up to two years of imprisonment) for public approval of international crimes, "crimes committed by the USSR or Nazi Germany against the Republic of Lithuania or its inhabitants, their denial or gross understatement of their significance". Article 542 of the Lithuanian Code on Administrative Offences provides for liability for dissemination or display of Nazi or Communist symbols. A political process against Vyacheslav Titov, member of Klaipėda City Municipality Council, who is accused of insulting the memory of Adolfas Ramanauskas, Forest Brothers commander, and of publicly approving the "Soviet crimes", has been currently launched in Lithuania. Prosecution was initiated after Vyacheslav Titov publicly expressed his doubts that it was reasonable to perpetuate the memory of Adolfas Ramanauskas, under whose leadership the gangs killed about 8,000 Lithuanian civilians.

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Luxembourg The socio-political space of the Grand Duchy of Luxembourg does not record the activity of neo-Nazi movements and organisations, the propaganda of the ideas of Nazism and race supremacy, or any attempted glorification of the Nazi movement and former members of the SS organisation or any of its elements. The ban on depiction of the swastika or any other Nazi symbols is observed. There are no facts that could indicate public demonstrations conducted with the aim of glorifying the Nazi past or construction of monuments and memorials dedicated to Nazis and their accomplices. The authorities of Luxembourg at the highest level regularly proclaim the necessity of retaining the memory of the tragic developments of World War II. The government is carrying out the consistent policy of glorifying the participants of the resistance to the occupation of the country by Nazi Germany that had pursued of Luxembourg and forced conscription into the Wehrmacht since 1940. There is evidence that many Luxembourg soldiers did not want to fight for the Third Reich and therefore voluntarily rendered themselves prisoners of war to the Soviet Army or her allies. The resistance on the territory of Luxembourg itself developed into the so-called General Strike of 1942. A number of events associated with the fight against the Nazi occupation, including the next anniversary of the General Strike, are celebrated nationwide. The National Day of Remembrance (October 10) is also dedicated to the struggle of Luxembourgers with the Nazi occupation in 1940-1945. Every year on this day the Grand Duke takes part in the ceremony of lighting of the eternal flame at the National Monument of Luxembourg Solidarity. In 2005, by a special decree the Committee for the remembrance of the forcible conscription into the Wehrmacht and the corresponding Centre of documentation and research were founded in order to save the historical evidence of the participation of Luxembourgers in World War II. 153

Moreover, the Act dated June 21, 2016 provided for the establishment of the Committee for the Remembrance of the Second World War. The Committee includes members of veteran organisations and representatives of a number of local ministries and has the following tasks: protection of rights and interests of veterans and citizens of Luxembourg who were forced to join the Wehrmacht, and victims of the Holocaust. Apart from that, the Committee takes part in the organisation of ceremonial activities dedicated to World War II, search for and identification of sites of historical and memorial nature, public awareness campaigns among the youth. The monuments and memorials dedicated to World War II, including burial places of Soviet citizens who fell victim to the Nazi regime, are protected by the government; repair and restoration works at the sites are carried out by local authorities. Installation of new memorial signs and plaques in honour of victims of fascism is ongoing. At the same time experts record certain taboos on the events of the past (especially with regard to the facts of collaborationist activities of the local population). There is information available that six Luxembourgers and their families have been receiving pensions from Germany for their collaboration with the Third Reich or military service in the Armed Forces of Nazi Germany. The authorities of Luxembourg refuse to disclose the names of the beneficiaries or facts that led to granting these allowances. Extremist and radical nationalist parties, movements and groups of racist and xenophobic nature do not enjoy popularity and support on the political arena of Luxembourg. However, experts believe that law-enforcement agencies may assume presence of certain elements that secretly sympathise with and share the ideas of neo-Nazism. In this regard, in order to prevent the origination or spread of neo-Nazi movements from other countries over Luxembourg the authorities continue to monitor possible appearances of articles that could 154 contain appeals for discrimination on racial or ethnic grounds, as well as the use of "the language of hatred" in printed and online media outlets. At the administrative level the fight against racial discrimination is led by the Ministry of Family Affairs, Integration and the Greater Region, Luxembourg Reception and Integration Agency, Ministry of Equality between Women and Men, Centre for Equal Treatment, Ombudsman Committee for Children's Rights, Inspectorate of Labour and Mines and the Centre of Fight against Radicalisation (www.respect.lu) established in 2017 by the government decision. In order to promote multiculturalism and tolerance, as well as propaganda of the ideas of interethnic and interfaith cooperation Luxembourg organises various festivals, the largest of them being CultiMulti, both at the national level and in certain communes. It should be noted that although Luxembourg unconditionally condemns the crimes of the Nazi regime, the authorities of the country, in line with the common approaches of the EU, abstain from voting on Russian UN General Assembly resolution entitled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". Despite certain achievements in the sphere of protection of human rights, many human rights institutions of the EU, including the European Commission against Racism and Intolerance, are criticising Luxembourg for the lack of the definition of racism in the national Criminal Code as an aggravating circumstance. Besides, the legislation of the country does not contain provisions that would stipulate recognising as illegal and banning any organisation inciting racial discrimination. 155

Malta As a constituent part of the Western community and a member of the EU, Malta describes itself as a consistent advocate of democratic freedoms and human rights. In general, the island republic does not record public manifestations of Nazism and neo-Nazism, instances of glorification of the Nazi movement, construction of monuments dedicated to Nazis and their accomplices, respective public demonstrations, desecration of memorials dedicated to fighters against Nazism or prosecution of anti-fascist soldiers. Malta does not impose any bans on symbols of the Red Army and USSR, does not interfere with activities of veteran organisations and relevant NGOs or with implementation of commemorative events on the occasion of Victory in World War II. In recent years there has been marked no increase in the number of extremist and radical parties, movements and groups, or election of representatives of such groups to legislature. At the same time the apparent presence of racist, xeno- and Islamophobic sentiments in the Maltese society is a significant problem which is mostly connected with the phenomenon of illegal migration. The existence of these issues was yet again confirmed in the UN Human Rights Council's Universal Periodic Review (UPR) of Malta held in November 2018. In its report on the UPR, the Office of the UN High Commissioner for Human Rights particularly expressed "concern with the reports about manifestations of racism and xenophobia against migrants, including racial violence and discrimination during access to employment, housing and services". The UN Human Rights Council (UNHRC) Special Rapporteur on the human rights of migrants noted that "instances of application of laws against xenophobia and discrimination are rare". 156

Moreover, in the same document the UNHRC recommended that Malta should step up the efforts towards eradication of stereotypes and manifestations of discrimination against migrants particularly by means of implementation of information and propaganda campaigns focused on encouraging tolerance and respect for diversity. The Special Rapporteur advised Valletta to fully apply the legislation to combat direct and indirect manifestations of racial discrimination in the sphere of exercising of economic, social and cultural rights by migrants and, especially, refugees and asylum seekers, particularly with regard to access to private rental housing and the labour market. The UNHRC recommended that measures be taken to ensure systematic investigation of acts of racial violence, to ensure prosecution and punishment of perpetrators, as well as awards of appropriate compensations to victims. The report on the UPR also contains the opinion of the Advisory Committee of the Framework Convention of the Council of Europe for the Protection of National Minorities that recorded acts of discrimination on racial or ethnic grounds during access to housing, employment or medical care. According to the Committee indirect evidence indicates offences on racial grounds, harassment at school and treatment of persons with different skin colour like culprits rather than victims or innocent casual witnesses. Researches show that more than 60 percent of the natives of Sub-Saharan Africa situated here are constantly facing intolerance in everyday life and rarely communicate with local people. Furthermore, about 30 percent of them used to be victims of crimes relating to racial hatred. According to the survey held in May 2018 more than 70 percent of the Maltese admit that the country has the problem of racism. About 46 percent of the respondents feel a threat from other cultures, while 45 percent think that there are too many migrants residing in Malta. 157

One of the significant problems in the island republic is the use of the Internet and social networks with the aim of spreading racist ideas, as well as misanthropic rhetoric and thoughts. The data from the Advisory Committee of the Framework Convention of the Council of Europe for the Protection of National Minorities and the European Commission against Racism and Intolerance shows that social networks in Malta abound in materials of aggressive nature and continue to serve as a means of spreading racist statements and the public opinion is mainly negatively disposed to migrants. Besides, the information indicates that Malta has no centralised system of data collection when it comes to the number of racially motivated offences, including hate speech, reported to the police. According to a research conducted by Eurobarometer in September 2018 Malta was assigned the highest rate of hate speech instances online in the EU. At the same time the police (as reported by Inspector John Spiteri in his interview to the Malta Independent on September 3, 2018) say that it is migrants who become the principal victims in these cases whose number has significantly increased over the last years. There have also been certain incidents recorded when misanthropic rhetoric was used by political and public figures. For instance, in November 2018, Hon. Claudio Grech, opposition Nationalist Party Member of Parliament, in a TV interview compared the situation at one of the open centres for housing migrants with the film Planet of the Apes and for this reason was criticised by media and other politicians. Lately there have been no outstanding cases of ethnic and racial profiling noticed among Maltese law enforcement officials. However, in September 2017 and September 2018, the press reported episodes of racial profiling by policemen towards black migrants. The prohibition against racial discrimination is fixed in the Constitution of Malta and a number of other legislative acts. In particular, the Criminal Code 158

(Clause 82А) stipulates a sentence of 6 to 18 months for actions intended to incite racial intolerance. Clause 83B qualifies racism and xenophobia as an aggravation. These measures are generally considered by human rights advocates (including the local office of the European Law Students' Association) as appropriate for the prevention of misanthropic rhetoric and incitement to violence. Malta does not have the legislation that would ban activities of organisations and movements encouraging racial discrimination and glorifying the Nazi ideology. Besides, lately there have been no public announcements of any suppression of support for radical parties and organisations or announcements of combating the practice of ethnic and racial profiling among law enforcement agencies. The Maltese authorities pay due attention to preservation of monuments to the victims of World War II. Malta has no separate monuments dedicated to the Holocaust. The island republic is implementing a number of educational measures aimed at fighting racism, racial discrimination, xenophobia and related intolerance. At the same time there are no efforts taken to counteract the attempts to revise the results of World War II and deny the crimes against humanity committed by Nazis. In February 2017, the Ministry for Home Affairs and National Security of the Republic of Malta and the OSCE Office for Democratic Institutions and Human Rights signed an agreement to implement the programme titled "Training against Hate Crimes for Law Enforcement". In its report (May 2018) the European Commission against Racism and Intolerance recommended that the Maltese government should intensify the corresponding efforts to train law enforcement officials, prosecutors and judges. In September 2018, SOS Malta (NGO) and local newspaper of Malta launched the one-year #stophate project focused on resisting the spread 159 of hate speech by means of promoting the knowledge of this phenomenon, training volunteers intended to moderate online content and conducting researches in this sphere. Education for children and adolescents with regard to counteracting racism and encouraging the culture of tolerance and mutual respect in Malta is arranged in accordance with the national education strategy for the period of 2014-2024, as well as the Respect for All Framework programme adopted in 2014. The island republic is also realising UNESCO's Global Citizenship Education project that implies measures of promoting programmes aimed at resisting in educational institutions. According to the national report within the framework of the UN Human Rights Council's Universal Periodic Review of Malta (November 2018) the National Commission for the Promotion of Equality regularly organises events focused on raising the level of awareness of non-discrimination. Similar activities are also arranged by other governmental and non- governmental institutions. In November 2019 and February 2019, the Office of the President of Malta held seminars on interfaith dialogue participated by representatives of 12 religious communities and organisations. As a result of these efforts, on February 8, 2019 the Malta Interfaith Harmony Declaration was signed. Furthermore, the leader of the country takes part in other similar events on a regular basis (e.g. the conference "Religious in the Mediterranean" organised by the University of Malta in March 2018). In October 2018, the People for Change Foundation (a Maltese NGO) conducted a round table discussion on issues of racial intolerance. The Ahmadiyya Muslim Community of Malta regularly organises activities on the subject of interethnic and interfaith dialogue (the annual Peace Symposium in March 2018; a theme session on interfaith cooperation in December 2018). Besides, in June 2018, a three-day international seminar on cultural diversity was held here. 160

Moldova There is no information available on the organization in the Republic of Moldova of activities glorifying the Nazi movement, neo-Nazism or former members of the SS and its parts, including Waffen SS, or on the recognition of persons who collaborated with the Nazi during the occupation as members of the national liberation movement, or dedication of monuments and memorials to the Nazi and their collaborators for the purpose of glorifying Nazism and neo- Nazism. There are more than two thousand monuments and other memorial sites at war graves, including the Eternity war grave in Chisinau and the Serpeni Foothold memorial complex. Many monuments badly need renovation works, but these are only fragmentary. No cases of unlawful exhumation or transfer of the remains of soldiers liberators in the Republic of Moldova have been registered. Acts of vandalism and intentional, usually partial destruction of memorials are systematically committed. Neo-Nazi and provocative inscriptions and graffiti, including unionist propaganda, are made on war monuments. For instance, unidentified persons painted the swastika symbol on the plate of the Holocaust memorial in Chisinau. The monument to the Unknown Soldier was desecrated in Orhei. Gravestones at the Jewish cemetery are also often desecrated. Law enforcement authorities in such cases tend to limit themselves to formal responses: those guilty remain unidentified and are not brought to justice. Among NPOs that are actively working in close collaboration with local authorities to restore monuments to soldiers liberators and maintain war memorials are the "Veche" Slavic human rights organization (Nikolai Gutsul), and the Russian historic and Patriotic club (Alexei Petrovich). 161

In early 2019, announced his intention to put forward a legislative initiative on the prohibition of the Nazi propaganda and criminalization of the dissemination of the relevant ideology. With a view to countering attempts of history falsification and revision of the results of World War II, a number of books and films have been issued in recent years in the Republic of Moldova, which refute fabrications about the history of the Moldovan state. They focus on the events of the 1941-1945 Great Patriotic War, the contribution of Moldovan people to the defeat of Nazi Germany. Particularly noteworthy are The History of Moldova, a history book comprising three volumes, edited by historian Sergiu Nazaria, a monograph by Boris Shapovalov and Moldova's former defines minister Victor Gaiciuc, The Truth about the Great Patriotic War of 1941-1945, The History of Moldova serial film broadcasted by NTV-Moldova. Our compatriots are actively involved in producing publications dedicated to the highly relevant problem of Russophobia in Moldova. They reveal the underlying causes of this political phenomenon using illustrative examples from the history of Europe and Moldova. Of particular importance here is the study by political scientists Mikhail Lupashko and Boris Shapovalov "Russophobia, a Bone Leg of Western Elites: Russophobia as a political phenomenon in the ideology of Western elites in the historical retrospective and contemporary geopolitical reality." No facts of the use of Internet and social media for the purposes of disseminating racial, neo-Nazi, hateful ideas, organizing rallies and protest actions that are violent, or seek to raise funds or recruit new members to neo- Nazi and racial organizations, have been registered. However, unionists and Russophobes in Moldova often use web platforms as a rostrum. In 2012, parliament adopted a law prohibiting the use of Soviet symbols in Moldova, which was later recognized by the Supreme Court of the country as unconstitutional. Currently in Moldova there is no official ban of Red Army and 162

Soviet symbols, which are used during Victory Day commemorative events. No attempts to hamper the organization of commemorative events dedicated to the 1941-1945 historical period on the part of authorities, political parties and public associations have been reported. Traditionally Russia-friendly Moldovan political forces, including President Igor Dodon, take part in these commemorative activities. No obstacles to activities of war veterans' associations and other public organizations that fight against neo-Nazism, glorification of Nazism and racism in Moldova have been recorded. However, despite numerous public protests, a few years ago the National Army Centre of War History in Chisinau opened a museum of "soviet occupation." Moldovan society as a whole does not support xenophobic and nationalist attitudes. At the moment, there is a visible decline in unionist parties' activities: none of the political associations advocating the unification with Romania have won any seats in parliament at the 2019 elections. Yet, there are persistent attempts to disseminate among young people in the Republic of Moldova foreign unionist ideas, which rest on three pillars: rejection of Moldovan national identity, Russophobia, and justification of the crimes of Romanian Nazism. Moldova's media and Internet segments are not normally used as a means to disseminate hate speech and ideas of racial or ethnic superiority; nor do political or public leaders resort to such ideology. At the same time, there are reports that xenophobic attitudes are expressed in social media. For instance, in October 2016, former member of government, minister of transport Yuri Kirinchuk published offensive remarks against the Russian people in social media. A teacher at a lyceum in the town of Balţi, publicly used offensive language against Russian-speaking pupils, which was also put on the Internet. Under the legislation of the Republic of Moldova, ethnic minorities are entitled to proportionate representation in administrative bodies, but in practice, 163 a mono-ethnic government is formed. According to Information and Analytical Human Rights Centre of the Coordinating Council of Russian Compatriots, which is responsible for monitoring in this field, staff members representing ethnic minorities are squeezed out from courts, prosecutor's office and police. The Moldovan legislation criminalizes intentional acts aimed at inciting ethnic, racial, religious hatred or discord, humiliation of national honour and dignity (Article 346 of the Criminal Code). There is no official information on crimes committed on the grounds of racial hatred in Moldova. However, experts have reported instances of sporadic domestic squabbles with ethnic motives. Conflicts arise in public transport when passengers refuse to communicate with the conductor in Russian or state language. Political movements, whose ideology is driven by radicalism, are not widely popular in Moldova. Yet, there exist a considerable number of organizations that support unionist ideas and are financed from abroad, since this is not prohibited by Moldova's legislation. For instance, the Ministry for Romanian Diaspora funds such popular media outlets as deshide.md, timpul.md, unimedia, info, and the TVR channel. Combatting racism at sports events is limited to Moldovan athletes' participation in common European activities, including the UEFA-led Say No To Racism campaign. The Republic of Moldova lacks opportunities to train law enforcement officers and media specialists, experts in education, and outreach activities among children and the youth on issues of combatting racism and extremist movements. Human rights institutions of the Council of Europe and United Nations have repeatedly noted in their conclusions and recommendations that non- effective implementation of legislation on the rights of ethnic minorities remains a serious problem in the Republic of Moldova. Discrimination against ethnic 164 minorities still persists in the country. In addition to the division by language and ethnical background, there exists differentiation based on the East-West principle, all of which contributes to further splitting the society into two groups: those speaking Russian and those speaking the state language. The growing gap between communities on ethnic, language or other grounds, coupled with political and financial instability and politicization of issues of language use has resulted in increased political tensions within the country over the recent years.

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Montenegro In Montenegro, people adequately respect the memory of those who died for the liberation of the country from the Nazi occupiers. The population remembers that it was in Montenegro on July 13, 1941 that the uprising against the Nazi invaders broke out, which later developed into the People's Liberation War in Yugoslavia. There are two veteran organizations in the country (the Union of Associations of Veterans and Antifascists of Montenegro (SUBNOR) and the Union of Veterans of the Former Yugoslavia (SOBNOR), which are working to preserve the historical truth about the Second World War. There are about 40 state protected memorial objects in the country dedicated to the People's Liberation War of 1941-1945 (including fraternal guerrilla burials), as well as to the people's heroes and outstanding personalities of Montenegro, who made a significant contribution to the fight against the Nazi occupiers. Despite the absence of the legislative prohibitions on the use of fascist or neo-Nazi symbols, there are no facts indicating the construction of the monuments and memorials to the Nazis and their accomplices on the territory of Montenegro, the holding of the public neo-Nazis demonstrations, as well as the declaration of the members of Nazi organizations and persons who collaborated with them as participants of the national liberation movements. There have been no cases of the glorification of neo-Nazism in any form, the spread, including on the Internet, of the Nazi ideology, the prosecution of the anti-fascist veterans, the prohibition on Soviet symbols, and the obstruction of the activities of veterans' organizations to organize and conduct commemorative events to celebrate Victory Day in Montenegro. Due to the fact that the military operations with the participation of the units of the Soviet Army were not conducted on the territory of this country during the Second World War, there are no registered Soviet military burials and memorials in Montenegro. 166

The issues of construction, protection and maintenance of the monuments, as well as imposition of appropriate penalties for offenses in this area are regulated by the 2008 National Law on Memorial Objects. In particular, according to Article 10 of the Law, "the construction of memorial objects for an act symbolizing cooperation with the occupiers, their allies or accomplices is not allowed; to a person who collaborated with the occupiers, their allies or accomplices; to a person who promoted fascist, chauvinist or Nazi ideas and ideologies; to a person convicted of a criminal offense against humanity or other benefits protected by international law, or declared as a war criminal". Article 43 of the Law provides for a criminal penalty of up to three years of imprisonment for damage, destruction, unauthorized changes, refinement, displacement or demolition of a memorial object, installation or assistance in the installation of a monument not allowed for erection. In other cases of violations prescribed by this law, administrative responsibility is fixed in the form of the imposition of a monetary penalty that amounts to between 3 and 300 times the minimum wage. Due to the mentality of the Montenegrin people, an integral feature of whom since the middle of the 20th century is the open hostility towards the fascist and Nazi ideologies, the cases of desecration of monuments to the fighters against Nazism is very rare here. Isolated incidents related to the damage to such objects (the most common is writing graffiti, including fascist symbols, by young people) are unequivocally condemned by the socio-political circles, civil society organizations and anti-fascist veterans. Montenegro's legislation provides for a legal regulation in the area of various forms of discrimination. In particular, this area of public relations is regulated by the 2010 Law on Prohibition of Discrimination, according to which "any form of discrimination on any grounds is prohibited" (art. 2), including race (art. 17), personal beliefs or religion (art. 17a). 167

At the same time, it is noteworthy that, despite the resistance of the local veteran organizations and opposition socio-political circles, a bilateral intergovernmental agreement on the burial sites of those who died during the hostilities was signed between Montenegro and Germany in August 2011. In accordance with the document, the government of Montenegro and the government of the Federal Republic of Germany adopted reciprocal obligations to allocate land for the burial of the soldiers who died during the hostilities "on a non-reimbursable basis and for an unlimited period of time". In November 2016, Montenegro fulfilled its part of the obligations by opening a memorial cemetery near the administrative center of the country, which is the city of Podgorica, where the remains of 64 German soldiers who died during the Second World War were buried (the memorial is located on the territory of the Golubovci airfield and therefore is under the "jurisdiction" of the Ministry of Defense of Montenegro). Recently, as a consequence of the unconditional adherence of Podgorica to the policy of Washington and Brussels, Montenegro has seen an increasingly noticeable towards the support of the position of Western countries regarding the attitude to the history of the Second World War. In particular, the Montenegrin leadership is increasingly refusing to participate in the events held by Russia in the commemoration of Victory Day, giving preference to the European alternatives. Thus, in 2015, the President of Montenegro refused to attend the solemn parade in Moscow on the occasion of the 70th anniversary of the Great Victory, and in August 2017, the Minister of Defense of Montenegro took part in the celebration of the 100th anniversary of the creation of the Ukrainian rebel army in Kiev. In May 2017, the veterans of SUBNOR of Montenegro at the last moment refused under a specious excuse to participate in the program of the delegation visit of the Moscow City Council of Veterans, including the joint wreath-laying at the monument to the fallen fighters in Podgorica. 168

Within the framework of its "euro-candidate solidarity", Montenegro regularly refrains from supporting the Russian draft resolution of the UN General Assembly "Combating the glorification of Nazism, neo-Nazism and other practices that contribute to the escalation of the contemporary forms of racism, racial discrimination, xenophobia and related intolerance".

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Morocco The recent years' migration crisis in general and the fact that one of the main routes of illicit migration to Europe runs through Morocco account for Moroccan authorities' increased attention to addressing expressions of racial discrimination and xenophobia. The necessary work in this area is underway both at the national level and in the framework of international cooperation. The government in Rabat traditionally supports and co-sponsors the UN General Assembly resolution "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance," annually initiated by Russia. It should be noted that the country's authorities tend to set themselves apart from Western countries, whose policy aims at reviewing the results of World War II, and do not prevent organization of commemorative events dedicated to the anniversary of the Great Patriotic War (in 2018, the Immortal Regiment march took place for the first time in the centre of Rabat). The preamble to the 2011 Constitution of Morocco enshrines the state's obligations to eradicate discrimination on the grounds of gender, race, religion, social background, or state of health. In 2012, the Rabat Action Plan prohibiting incitement to hatred based on race or religion. The Moroccan Criminal Code criminalizes discrimination on any grounds. Article 431-2 reads that discrimination is punishable by one month to two years in prison and a penalty of 1,200 to 50,000 dirhams (about EUR 110 to 4,500). Inciting discrimination in any form is punishable under Article 431-5 by one to twelve months in prison as well as the penalty of 5,000 to 50,000 dirhams (about EUR 460 to 4,500). Instances of racism during sports competitions are punishable by one to six months in prison and the penalty of 1,200 to 6,000 dirhams (EUR 110 to 550). 170

In the context of combatting various forms of intolerance, a number of targeted capacity-building programs for imams and prophets are implemented at religious educational institutions (in particular, at the Institute for the Training of Imams in Fes), values of moderate Islam are being widely promoted. Much attention is given to outreach activities with the youth, who, due to high levels of unemployment, are the most aggressive social group. Round tables and seminars are organized by local human rights and educational institutions as well as public organizations on a regular basis, with a view to promoting the principles of non-discrimination, equality, the culture of tolerance, respect for ethnic, religious and cultural diversity. At the same time, international experts point out the need to further improve the relevant Moroccan legislation. Tendayi Achiume, Human Rights Council Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, who visited Morocco in December 2018, noted after her visit that citizens of African countries south of Sahara who try to get to the European Union through the territory of the Kingdom, are subjected to racial discrimination and that their rights are violated by their forced displacement further into the southern parts of the country. Skirmishes between African migrants living in high proportions in certain Moroccan areas, and local Arabian population, not infrequently on the basis of racial hatred, are reported more and more often.

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The Netherlands Expressions of neo-Nazism and anti-Semitism in the Netherlands are of sporadic, non-systemic nature. These issues are addressed in the Criminal Code (CC) of the Netherlands, while there are no specific provisions in national legislation. In particular, CC Article 137c criminalizes any public offence – in oral, written form or in the form of images – of any groups of persons on the grounds of race, religion, belief, sexual orientation, physical or mental , and CC Article 137d criminalizes incitement to hatred or discrimination on a wide range of grounds. Display of Nazi symbols as such (including badges, insignia, salute, etc.) is not recognized as a separate component of a crime, but may be subject to criminal prosecution pursuant to general antidiscrimination provisions. The Dutch legislation does not contain special provisions criminalizing the denial of historical facts, including the Holocaust. History falsifiers (as well as, for instance, owners and operators of sites which contain such materials) can be prosecuted pursuant to the above-mentioned CC articles. In practice, the court examines every particular act taking into consideration its context. The Nazi salute per se, as a gesture, is not criminalized, but it is prosecuted if it is intentionally displayed in public or during services of remembrance, is accompanied by Nazi slogans, etc. At the same time, the Nazi salute in respect of a particular person, not a group of people, would most likely be qualified under CC Article 266 as an offense. The Netherlands' judicial practice in combatting anti-Semitism is rather scarce. Provocative remarks and acts are only punishable if their message goes far beyond "open discussions in a democratic society based on the freedom of 172 expression112." There are, however, opposite examples of the interpretation of law: in 2017, several Dutch nationals were sentenced to community service and/or penalties for chanting slogans and displaying symbols of the "" and "Defend Europe" right-wing radical movements113. An example of applying anti-discrimination articles of the Criminal Code to cases involving the use of Nazi symbols is, in particular, the case concerning the importation of about 100 daggers bearing Swastika and Waffen SS symbols and slogans of the Third Reich, which were intended for sale (the "entrepreneur" was eventually found guilty under CC Article 137e).114 An incident when a special catamaran ship was given the name of Pieter Schelte Heerema, a notorious Dutch Nazi, who was a Waffen SS member during the Nazi occupation of the Netherlands, provoked a wide public resonance. Under such public pressure, the "Allseas" company administration announced that it would change the name of the vessel from Pieter Schelte to Pioneering Spirit, preserving the initial acronym. Now and then, the Netherlands' media outlets publish materials on alleged instances of Dutch military servicemen expressing support to Nazi ideology. According to the mass media, Dutch military personnel exchanged extremist remarks via messengers, used Swastika images and other Nazi symbols in their correspondence, and sympathized with ideas put forward by Hitler and his followers, as well as relevant literature. In this regard, investigations are underway, which are carried out by the defence ministry and the prosecutor's office, with a view to establishing new facts of inappropriate behavior among

112 Such interpretation of the existing legislation by courts can be illustrated, in particular, by the ruling of the Hertogenbosch District Court of 21 December 2004 (LJN: AR789I), and the ruling of the Utrecht District Court of 22 April 2019 (LW: BM1987). 113 https://uitspraken.rechspaark.nl/inziendocument?id=ECLI:NL:RBAMS;2017;146;&showbotton=true&keyw ord=artikel+137e 114 https://uitspraken.rechspaark.nl/inziendocument?id=ECLI:NL:GHARN;2012;BY2774&showbotton=true&ke yword=artikel+137e 173 the military who used racist expressions and made unacceptable statements about Nazi Germany. In 1971, the 's Union was created in the Netherlands, which can be generally described as a neo-Nazi organization. This political party advocates amending the Constitution for it to provide that Germanic Christian culture preserves its dominance in the Netherlands, including "nationalism" as a subject in school curricula, toughening the migration policy, and comes out against the construction of new synagogues and mosques in the country. International experts continue to register cases of discrimination against ethnic, national and religions minorities, including naturalized immigrants, in the Netherlands. In 2013, the European Commission against Racism and Intolerance in its fourth (and currently last) report on the Netherlands pointed out a number of outstanding issues in the government's policy on combating intolerance in society in general (reducing financial support for agencies responsible for fight against discrimination, increasing requirements for the integration of foreigners, lack of responsibility of certain politicians and journalists for discriminatory remarks against Islam, Muslims, immigrants from Eastern Europe, etc.).115 Activities of a number of right-wing politicians pave the way for the spread of racist and xenophobic attitudes in the Netherlands; this, among other things, pushed the Commission to call on the Netherlands to elaborate a national strategy to counter racism in various spheres of life. Different studies show that on the whole the rate of anti-Semitic incidents remains invariably high in the Netherlands. The annual report of the Centre for Information and Documentation on Israel (Dutch Centrum Informatie en Documentatie Israel, CIDI) states that in 2018, 135 anti-Semitic incidents were registered (113 in 2017, 109 in 2016, and 171 in 2014). Besides, in 2017 through 2018, anti-Semitic incidents were first

115 https://www-coe.int/en/web/european-commission-against-racism-and-intolerance/netherlands 174 registered on the Internet. According to a specialized centre which studies cases of discrimination on the Internet (Dutch Meldpunt Internet Discriminate, MiND), 236 incidents of anti-Semitism were reported in 2017. According to Dutch police reports, 284 incidents involving anti-Semitic aspects were registered in 2017, accounting for 8 % of the total number of claims (335 in 2016).

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New Zealand Over the recent years, there have been no reported facts of Nazism, neo- Nazism and other contemporary forms of racism, racial discrimination and related intolerance in New Zealand. New Zealand's legislation does not contain specific regulations dealing with liability for crimes on the grounds of Nazism, racism and intolerance. However, its Human Rights Act (1993), Part 61, specifies that publication and distribution of written matter which is threatening and insulting and is likely to excite hostility against any group of persons on the ground of the colour, race, or ethnic or national origins, are unlawful. Pursuant to this part, the above- mentioned cases are not subject to criminal prosecution and the related claims are addressed by the Human Rights Commission, which acts as a mediator between the claimant and the respondent. Besides, Part 131 of the Act specifies that intentionally inciting hatred is a criminal offence and incurs imprisonment for a term of up to three months or a fine of NZD 7,000. Prosecution requires consent of the Prosecutor General. Though the national criminal law does not explicitly define expressions of racism as an aggravating circumstance, the Sentencing Act (2002) allows judges to regard unlawful acts committed against a group of persons on the ground of racial hatred as a basis for a more severe penalty. The New Zealand's society, and particularly its establishment (regardless of party affiliation), is permeated with the caring attitude to its historical heritage, including memorials dedicated to war heroes. There are no reports of desecration or intentional dismantlement of monuments to soldiers fighters against Nazism and WWII victims, including victims of the Holocaust. The New Zealand Curriculum (a document that sets out standards for teaching in primary and secondary education) stipulates that the principle of cultural diversity is one of the fundamental principles of school curricula. Following this principle, educational institutions at all levels work to instill in 176 students tolerance and respect towards all ethnic groups. While elaborating curricula, administrations should be governed by the principle of inclusion, which implies their non-discriminatory and anti-racist nature. New Zealand pays great attention to promoting inter-ethnic and inter-faith contacts at the regional and municipal levels. For instance, most regions organize annual multicultural festivals gathering representatives of all ethnic groups from relevant areas; the Wellington Town Hall regularly provides financial support to national events, including the festival of Russian culture organized by the Russian Club in Wellington.

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North Macedonia The trend for glorification of Nazi ideology supporters in North Macedonia is related to the relationship between its ethnic groups, including during World War II when peoples residing in the territory of the contemporary Republic of North Macedonia ended up on different sides of the conflict. For example, Balli Kombetar (National Front), an Albanian nationalist organization established in 1939, which sought to create a Greater Albania during occupation, engaged in open cooperation with the regimes of Fascist Italy and Nazi Germany. Its affiliates (21st Division of the SS Skanderbeg, the Luboten Battalion, the ) were heavily involved in the fight against partisans, and punitive action against Serbian and Macedonian population. The most prominent members of this movement from among Macedonian Albanians were Xhemail Hasani (Xhem Hasa Gostivari) and Aquf Krosi Recani. A monument to Xhemail Hasani was erected in the village of Simnica in 2006, and to Aquf Krosi Recani in Gostivar in 2015. Both events were organized with active support and participation of the then mayor of Gostivar Nevzat Beita (member of a major party of Macedonian Albanians, Democratic Union for Integration). In 2010, a party of Macedonian Albanians, New Democracy, proposed to erect yet another monument to Xhemail Hasani in Gostivar. Albanian society explains "commemoration" of members of Nazi and other movements by alleging that they were not fully informed supporters of Nazi ideology, but rather used their cooperation with the fascist authorities to address the issues of "ethnic agenda". At the same time, members of the Jewish community, for example the leader of the Holocaust Fund of the Jews from Macedonia, Goran Sadicario, emphasize that, in the Albanian community, it is hard to detect such trend as glorification of Nazism or its supporters. He believes that Albanian 178 historiographers, by all means, tried to efface episodes of cooperation with the Nazis and bring to the fore just the "national liberation aspect" of their activity. No cases of desecration or destruction of monuments to fighters against Nazism or victims of World War II were recorded in Macedonia. However, the year of 2018 saw incidents when the swastika and some other similar symbols were drawn on house walls and city infrastructure in Bitola. Following the reaction from the Jewish community, municipal authorities took measures to remove the symbols and yet their authors and instigators of the provocations were never established. Neither the authorities, nor certain political forces of North Macedonia interfere with commemorative events to celebrate the Victory Day or other World War II-related dates. Commemorative events are held to mark the Victory Day, for example such campaigns as The Ribbon of Saint George and The Wall of Remembrance, as well as wreath-laying ceremonies at memorial sites, etc. The Criminal Code of North Macedonia lacks articles providing for criminal punishment for glorification of Nazism and Fascism. In 2018, a bill on criminalization of this act was submitted for consideration by the Jewish community; and it is currently subjected to certain procedures at government level. Crimes on ethnic grounds are still a major problem in North Macedonian society. They are usually registered by law enforcement agencies as domestic crimes. Human rights and international organizations, for example the Helsinki Committee of the Republic of Macedonia and the OSCE Mission to Skopje, have repeatedly pointed to this fact in their reports, and yet this trend is still there. The Ballists group is active in North Macedonia. It is an organization of Shkendija football team's fans seeking to maintain ideological continuity, i.e. 179 claiming to be committed to the Albanian nationalist organization, Balli Kombetar. Members of fan groups of North Macedonian football clubs also used anti-Albanian nationalist slogans, which has been pointed out on numerous occasions by representatives of international organizations, for instance the OSCE Missions. Ethnic profiling among law enforcement officers in North Macedonia has to do with its specific national policy. The recruiting process takes into account the principle of proportionate representation among members of the most numerous ethnic groups, primarily Macedonians and Albanians. As a result, in a number of municipalities, MIA agencies feature a high level of segregation on ethnic grounds, and insufficient interaction between representatives of different nationalities. Historical events related to the anti-fascist movement and fight against the fascist occupation are reflected in the relevant teaching manuals and materials of the education system in North Macedonia. However, joint intergovernmental commissions were established to review school textbooks following the signing of the agreements to resolve bilateral disputes with Bulgaria and Greece in 2017 and 2018. This work is currently in its preparatory phase, yet some representatives of the academic society express their concern that, under Bulgaria's and Greece's pressure, some nasty facts related to the cooperation with fascist regimes and actions of the Bulgarian and Greek authorities during World War II would be removed from textbooks with a view to "improving the image of neighbouring countries" in the eyes of the younger generation.

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Norway The Norwegian legislation does not contain the definition of neo- Nazism/Nazism. This political and social movement is therefore not prohibited by legislation (this is the reason for which the UN Committee on Racial Discrimination criticized ), yet nearly all its expressions are listed in the national Criminal Code (the 2005 revision, paragraphs 77, 135a, 185, 186) and prosecuted by law as "expressions of hatred" or "discrimination" on the grounds of race, nationality, ethnicity, religion, gender/sexual orientation; furthermore, they are considered aggravating circumstances. The same is applicable to the cases of use of Nazi symbols, which is regarded as an "expression of hatred" punishable by a fine or imprisonment for up to three years. According to law enforcement authorities (report of the Norwegian Ministry of Justice "Right-wing extremism in Norway: development features, conspiracy theories and preventive strategies," 22 October 2018; report of the Police Security Service "Supporters of right-wing extremism in Norway: who are they?," 1 March 2019), a number of right-wing radical groups disseminating ideas of national and racial exclusivity currently operate in Norway. However, Norwegian far-right forces are scattered, the number of their active members totalling no more than 50. The Nordic Resistance Movement (NRM) (led by ), which was registered in Norway in 2011 but is coordinated from Sweden, is considered the best organized nationalist group. It is characterized by strict hierarchy and inner control; its vision is inspired by the ideas of the "global Jewish conspiracy", and its followers regard themselves as "national socialists." The organization advocates creating a national socialist state within the boundaries of North-European countries, calls for fight against the "Jewish Zionist conspiracy" and homosexuals and for the purity of the Nordic race. NRM activists participate in neo-Nazi marches (primarily in Sweden and Finland), place posters and spread leaflets. 181

The "core" of NRM activists is roughly estimated to include 30 to 40 members aged 20 to 60 years; most of these are well known to police for their background, which includes former participation in other groups, criminal records, drug abuse. The NRM's particular feature is that it tends to appeal to democratic principles, such as freedom of expression and assembly, in order to legitimize its rallies, marches, etc., thereby preventing law enforcement authorities from 116 suppressing its actions. 117 Its activists operate in public, do not conceal their identities, and avoid open violence (yet still resort to it "if necessary"). Not unlike political parties, the NRM organizes "educational" activities, youth summer camps, "family" events and celebrations. The NRM is expected to become more active in future (mainly due to the anti-immigration factor), which will result in more aggressive behavior of the group. It should be acknowledged, however, that for historical reasons (Norway was occupied by Nazi Germany in 1940 through 1945, and had a resistance movement, though on a limited scale; so the country still vastly remains "immune" to Nazism), the outreach potential for the national socialist ideology is restricted. Other active extreme-right groups are for the most part marginalized and operate as "branches" of European organizations, such as "PEDIGA", "The Soldiers of Odin", "Stop Islamization of Norway", the Norwegian Defence League, the Fatherland Party, the Norwegian People's Party, the "Stop Immigration", "White Electoral Alliance", "Norwegian Patriots", "Democrats" "Alliance" parties. In parallel, Norway is witnessing the popularity (particularly among the youth) of international ideological movements, such as the "Identitarian" (the "new right-wing") and "alternative right-wing" movements.

116 At the same time, NRM's actions are often provocative and are qualified as violation of Norwegian law. For instance, on 9 April 2018, which marked the anniversary of the beginning of the German occupation of Norway, in several cities NRM activists hung banners and posted leaflets, which bore Swastika images and read "We are back!" Three NRM members were charged with inciting hatred. 117 182

Despite their small numbers, local neo-Nazis raise concerns of national authorities. According to the Center for Holocaust Studies, the Norwegian society certainly has problems in terms of anti-Semitic and Islamophobic expressions. Its surveys have revealed that 75% of Norwegian of Jewish descent fear discrimination and hostile actions; 8.3% of citizens treat Jews with prejudice, this figure amounting to 28.9% among Norwegian Muslims. At the same time, under the pressure of the Islamization of Norway and the rise in anti-immigration attitudes, work is underway to toughen laws on religion, though only to a limited extent, given the absolutized status of the "freedom of expression." In June 2018, parliament approved amendments to the 1998 Norwegian Education Act prohibiting nursery school personnel and teachers of educational institutions from wearing during the lessons headgear that covers the face. The Police Security Service has noted the rise in extreme-right attitudes (which is to a great extent due to an upswing in immigrant flows a few years ago) and increased collaboration among neo-Nazi communities in Norway, Sweden and Finland. In 2016, Norway established a specialized Center for research on extremism, crimes on the grounds of hatred and political violence (C-REX), aimed at studying radicalism as a phenomenon. National authorities place a special focus on tracking down and suppressing anti-Semitic occurrences in the country. The Jewish community greatly suffered from anti-Semitism during the Nazi occupation, when most of its members were for the most part deported to death camps and nearly entirely exterminated. According to assessments, in 2011, about 12% of Norwegian population still showed explicitly negative attitude toward the Jews. Dedicated efforts helped reduce this indicator to 8% in 2017, but it is still considered high. The country implements a government program to counter anti-Semitic expressions, with particular emphasis on preventive measures at school, in social and mass media (electronic means to reveal anti-Semitic sentiments are 183 explored), the police is improving its work in this area (anti-Semitism is qualified as a separate motive of "the expression of hatred"). Agencies to study the history of occupation, anti-Semitism in Norway, and its modern trends (Center for Holocaust and Minority Studies in Oslo, Falstad Centre of memory and human rights) were created and actively operate. The attitude toward neo-Nazi expressions in Norwegian society in general is negative. It remains intolerant to Nazism, and attempts to revise the history of World War II gain little support. Norwegian authorities do not allow any glorification of the Nazi movement and former SS members, including Waffen SS (they officially declare their principled non-involvement in any operations for the search and reburial of remains of Norwegian nationals who fought for the Wehrmacht during WWII). The initiative (put forward by the Norwegian Red Cross Organization) to launch a government-funded "site for commemoration" of Norwegian Waffen SS legionnaires (on the pretext that under the Conventions of 12 August 1949 for the Protection of War Victims, the authorities are to facilitate access for the relatives of the dead to their burial sites; according to official data, about 900 out of 4,500 Norwegian SS members were killed in battle) did not get support from the authorities and general public, either. The country considers unacceptable, especially at the official level, the desecration of monuments to fighters against Nazism and to victims of Nazism.118 Numerous burial sites and monuments to Soviet soldiers who perished in Nazi concentration camps in Norway (12,678) are duly maintained and financed by the Government of Norway. These sites are regularly visited during commemorative events in which authorities and general public

118 One of the rare negative exceptions is the desecration of the monument in memory of the feats of the Osvald Group in Oslo (October 2017). The vandals must have poured red paint on the monument intentionally: most of the Group's members were communists. Those responsible have never been identified. 184 participate. Caring attitude towards Soviet-era monuments is particularly visible in Northern Norway, which was liberated by the Red Army in 1944. Publications containing distorted vision of the WWII history are followed by critical reviews of historians and members of military memorial organizations. However, we cannot disregard certain alarming developments, in particular, the gradual blurring of the unacceptability of collaborationist activities during the Nazi occupation. Thus, in October 2018, Norwegian Prime Minister officially apologized for the persecution in the post-war years of a large group (up to 40-50 thousand) of Norwegian women who "had been in relationship" with German soldiers. The act of penance was well organized at government premises and attended by the main cabinet members, representatives of cultural and human rights communities. Despite the official rough rejection of the Nazi ideology, in practice, authorities at times are lenient with neo-Nazis, showing too much towards them. Instances were reported when police did not interfere with unauthorized ultra-right manifestations so as "to avoid violence," but used force against those who protested against them (the anti-Nazi's "aggressive" behavior allegedly was regarded as posing danger to public order). Free trade in Nazi attributes (SS uniforms, swastika banners, Hitler's portraits, etc., are obviously considered historical artefacts without ideological undertones) organized on the biggest Norwegian trade platform, www.fmn.no runs counter to the government's declared efforts to combat the spread of extremist ideas. While officially declaring the unacceptability of any extremist ideologies, including Nazism, Oslo does not change its official position on the Russia- introduced UN General Assembly resolution "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related 185 intolerance." The Norwegian delegation, claiming that it is too narrow and infringes the right to freedom of expression and assembly in certain provisions, traditionally abstains during the vote on the resolution. The Norwegian Foreign Ministry continues to treat with too much tolerance Ukraine's pro-Nazi legislative initiatives, the "war" against monuments to Soviet soldiers waged by the Polish authorities, intentional insults of the Great Patriotic War veterans in Latvia and Estonia, as well as the glorification of the Forest Brothers in Lithuania.

186

Poland The state politics of memory pursued by the official is aimed at representing Poland "the main victim of war", proving that Hitler's Germany and the USSR were equally responsible for unleashing the Second World War, erasing the memory of the USSR's decisive role in liberating Poland from the Nazi invaders and justifying claims about the "Soviet occupation" of Poland in the post-war period. The memory of the tragedy and victims of the Second World War has been broadly but one-sidedly cultivated at the state level. Events in commemoration of landmark historical events which took place in 1939-1945 are annually held at the national level (the outbreak of the Second World War on September 1, 1939, "the USSR's attack on Poland", the Uprising in 1943, the in 1944, the dates of liberation of the Nazi concentration camps on the territory of Poland, etc.). Yet, almost all of the memorable dates related to the liberation of Poland by the Soviet troops are not mentioned. Other events of the Second World War related to Poland are interpreted exclusively in line with the theory of "two occupations" and "a treacherous stab in the back by the USSR". For example, prior to September 17, 2018 (the anniversary of the start of the liberation campaign of the Red Army in Western and Western Ukraine in 1939), the Polish MFA released a statement where it called this date the start of "the partition of Poland by two criminal "119. In Poland, propaganda of Nazism, communism, or any other "totalitarian regime" is prohibited by law. The Law "On the Prohibition of Propagation of Communism or any Totalitarian System" which entered into force in 2016 envisages the removal of names related to people, organizations, events and dates symbolizing "the repressive, authoritarian and non-sovereign regime of 1944-1989 in Poland" from public space. According to the amendments to the

119 https://pjonqjang.msz.gov.pl/pl/aktualnosci/79__rocznica_wkroczenia_wojsk_sowieckich_na_teren_polski 187

Decommunization Law, introduced in 2017, any objects "symbolizing communism or any other totalitarian regime or the ones propagating this regime", in particular, the monuments to the Soviet soldiers-liberators unrelated to the war graves should be removed from public space within one year since the amendments entered into force. In 2018, Poland in violation of the Agreement between the Russian Federation and the Republic of Poland on Friendly and Neighbourly Cooperation of May 22, 1992 and the Inter-Governmental Agreement on Graves and Memorial Sites of the Victims of Wars and Repressions of February 22, 1994 demolished 28 monuments. In particular, in 2018, local authorities destroyed such significant memorial sites as the Monument of Gratitude to the Red Army Soldiers in Skaryszewski Park in Warsaw, the Monument to the Soviet-Polish Brotherhood-in-Arms in Legnica (Lower Silesian Voivodeship) and the Monument to the Glory of the Red Army in Szczecin (West Pomeranian Voivodeship). Vandalism on the sites of the Russian military and memorial heritage continues: 2018 witnessed 5 such cases against the graves and 6 ones against the monuments. In the name of fighting the propaganda of , the Polish authorities have been preparing to introduce a ban on the use of the USSR's and the Red Army's120 symbols, making a joint list of "totalitarian symbols" where, apparently, there will be no difference between swastika and a red star. Human rights organizations and the Polish media pay attention to the lack of effective actions by the authorities to counter neo-Nazism and to the steady growth in the number of offences motivated by racism or racial hatred. According to media reports, the number of the active neo-Nazi community is approximately estimated at 600-700 people. According to the Polish NGO

120 Currently, the Polish legislation does not prohibit to use the communist symbols if they do not “propagate the totalitarian regime”, except for on the sites in public space (toponyms, commemorative plaques, monuments) which fall under the Law on the Prohibition of Propagation of Communism or any Totalitarian System of April 1, 2016 (with subsequent amendments). 188

Never Again (Nigde Wiecej), Poland has several thousand active supporters of Nazism who influence from 10 thousand to 20 thousand people121. The movement (the NRC) is facing an increase in the number of its supporters. Despite its scandalous reputation, the NRC already has a few dozen regional divisions, young people have been continuously joining it and its representatives have started to appear on the local media. The recent opinion polls conducted among respondents aged 18-24 show that 38% share the views of the NRC122. Brigades of radical nationalists have been participating in various "patriotic" events organized by the authorities and catholic circles. According to media reports, the authorities have been financing the transportation of the NRC's participants to marches and demonstrations, providing them with city sites where they have been conducting their events123. Besides the NRC, there are numerous far-right and neo-Nazi fringe groups in Poland. The most recognizable of them is still National Revival of Poland (the NRP) which is the oldest nationalist association in the country. After the NRP's leaders have supported Ukrainian nationalists, they have significantly lost their popularity among their Polish supporters. Meanwhile, for the last few years, the members of the group have become more active on the territory of Great Britain. The so-called NRP's London division has been co- operating with the Nazi National Action and, according to the annual British report State of Hate, is considered one of the most serious foreign Nazi organizations practicing violence and vandalism on the territory of the United Kingdom124. Organizations officially conducting "educational and patriotic" work among young people have been operating throughout Poland. The similarity of their names (Elblag Patriots, Ostrowiec Patriots, Patriots

121 https://www.tvn24.pl/wiadomosci-z-kraju,3/jak-liczne-jest-srodowisko-neonazistow-w polsce,888055.html 122 https://www.tvn24.pl/wiadomosci-z-kraju,3/jak-liczne-jest-srodowisko-neonazistow-w-polsce,888055.html 123 https://strajk.eu/pis-finansuje-neofaszystow-partia-razem-domaga-sie-wyjasnien/ 124 http://www.leicesterprevent.co.uk/wp-content/uploads/2017/03/HnH-Extremist-groups.pdf 189

(Krakow), United Patriots () and the nature of the activities carried out (glorification of "the ", or National Armed Forces125) give experts the reason to talk about the establishment of all-Poland network of such nationalist and neo-Nazi organizations with similar principal purposes. Most of them have been given the status of "a socially useful organization" and have the right to apply for grants for holding "patriotic" events (e.g. marches commemorating "the cursed soldiers") on a competitive basis. For the last year, far-right Polish organizations have stepped up their activities abroad. For example, in 2018, the Swedish government refused to provide the Congress of Poles - the largest association of the Polish diaspora in Sweden - with financing from the state budget because of its involvement with radicals and propaganda of hatred against migrants. According to the representatives of the Swedish government, this organization has been spreading "homophobic, racist and xenophobic views"126. On June 25, 2018, on Newsnight, BBC journalists told about the involvement of the Polish embassy in Great Britain with far-right organizations. According to the information provided by the channel, the Polish MFA co- funded the participation of the Polish nationalists in the book fair in Slough in November 2017 through its diplomatic mission, where they made statements about "Muslim pedophiles" and called for preserving "the motherland of a white person". Poland has been annually organizing public nationalist and neo-Nazi events in commemoration of the milestones in Poland's history, which have been accompanied by neo-Nazi manifestations, xenophobic and racist mottos. After on August 1, 2018 the Warsaw City Council banned the nationalist march at the celebration of another anniversary of the Warsaw Uprising in

125 National Armed Forces is an organization which co-operated with the Nazi and conducted military action against the Polish anti-fascist and pro-Soviet forces. 126 https://oko.press/szwecja-odbiera-dotacje-kongresowi-polakow-za-zwiazki-z-ultraprawica-i-nienawisc-do- imigrantow/ 190

1944, the police did not let them march along the roadway but allowed them to march along the pavement carrying flags and torches. In Wroclaw in late November 2018, when nationalists held a march not authorized by the city authorities, the police was inactive. On November 11, 2018, Warsaw held "an official march" to celebrate the 100th anniversary of the restoration of Poland's independence with the participation of the President and the Prime-Minister of Poland, and 20 minutes later, radicals marched chanting mottos "Mr. Morawiecki, if you want negroes, keep them at home", "Swing the hammer, swing the sickle and zap the red bastards" and using the racist symbols; meanwhile, Italian neo-fascists from Forza Nuova also took part in the march. Later the Ministry of Interior reported on the preventive detention of 100 nationalists who "could pose danger to the public order" and on making a list of 400 foreign neo-fascists who had not been admitted to the country. Yet, as the representatives of the local anti-fascist NGOs noted, "it was depressing to look at the President of Poland delivering a speech in the smoke of fires, in presence of the NRC's members and Italian fascists"127. The Polish authorities have also been glorifying those "fighters against communism" who had clouded themselves with co-operation with the Nazis and with war crimes against civilians. In particular, in February 2018, the Prime Minister of Poland, Mateusz Morawiecki laid a wreath on the tomb of the soldiers who belonged to the NAF's Holy Cross Mountains Brigade which co- operated with and in 1945 retreated together with the Nazis to the territory of Germany. The national-conservative party in power, , has been glorifying "the cursed soldiers" who were a part of the armed anti-Soviet and anti-communist underground in 1944-1945, in particular, such persons as the

127 http://wyborcza.pl/magazyn/7,124059,24230451,panstwo-nieco-brunatne-i-rasistowskie-raz-sierpem- raz.html 191 infamous Jozef Kuras (the Fire), who committed crimes against the Jews and the Slovak population in Podhale and who is considered a war criminal by the Slovak Institute of National Remembrance. In February 2018 and in 2019, the Polish TV-channels broadcasted programmes covering the biography of Kuras, "the legendary hero of Poland"; in 2018, patriotic sports events were once again held on the battlefields where the Fire Squad fought; on June 16, 2018, Zakopane (Lesser Poland Voivodeship) held a march in commemoration of the victims of the Fire which was organized by the liberal civil rights movements - the Committee for the Defence of Democracy and the Citizens of Poland - alongside with the reciprocal march by the nationalists under the motto "Kuras is our Undefeated Hero". In Podlaskie Voivodeship, authorities have been glorifying (Lupaszka), the commander of the fifth Wilno Brigade of the , by whose order up to 200 local residents (27, according to the Polish data) were killed in the village of Dubingiai (Lithuania) on June 23, 1944, including children under two months. In April 2018, in Bialystok, despite protests by local residents, the members of the city council who represented the Law and Justice made a decision to name a street after him, which was overturned only after the transition of power in the local authorities to the representatives of the opposition parties in autumn 2018128. Nationalist marches in Hajnowka (Podlaskie Voivodeship) held in commemoration of one of "the cursed soldiers", the commander of the third Wilno Brigade of the National Military Union, Romuald Rajs ("Bury"), who killed about 80 Orthodox people of the Belorussian origin (Rais was killed in 1949 in accordance with the court sentence), have become regular. In 1995, the Court of the Warsaw Military District cancelled the death sentence to Romuald Rajs on the grounds that he fought for "the independence of Poland".

128 http://bialystok.wyborcza.pl/bialystok/7,35241,23709548,napisy-lupaszko-ludobojca-znowu-na- skorupach.html 192

In 2019, the Burgomaster of Hajnowka once again banned the march in commemoration of Rajs justifying the decision by the fact that in previous years its participants used the Nazi symbols and called out provocative radical- nationalist mottos which were insulting for the representatives of national minorities and local resides of non-Polish origin. Yet, on February 18, 2019, the District Court in Bialystok once again cancelled the Burgomaster's decision and the march was held despite the protests by the local people and the authorities. When in January 2018 the journalists of the Polish TV-channel TVN published the materials on the celebration of Hitler's birthday in Lower Silesian Voivodeship in April 2017 held by the organization Pride and Modernity, it resulted in a large scandal. "A private party" – that's what the celebration was called by the organizers – was accompanied by the Nazi greetings and marches. The participants dressed in the Wehrmacht and the SS uniforms raised toasts to "the Hitler of our motherland, our beloved Poland" with burning swastika in the background. Inter-Ministerial Commission on Combating the Propaganda of the Fascism, the Incitement to National, Ethnic, Racist or Religious Hatred established after that should have elaborated amendments to the Polish legislation which would introduce heavier penalties for the propaganda of Nazism. The Commission stopped working in July 2018 and yet no legislative steps have been taken so far. According to independent media, the recommendations of the Commission are almost not related to combating the spread of the Nazi ideology and are mainly amounted to the need for heavier penalties for "the propaganda of the totalitarian regime" (which covers communism as well). The major recommendations are to impose a ban on glorifying the totalitarian regimes not only in public but also "privately"; to make glorifying persons responsible for "the Nazi and communist crimes" a criminal offence; to make a joint list of the prohibited totalitarian symbols. 193

Experts consider racist ideas, racial superiority, hate crimes and unwillingness of the government to admit the existence of these problems in the country modern negative trends in the Polish society. For example, in February 2018, Minister of Interior and Administration, Joachim Brudzinski stated that hate crimes in Poland are extremely rare. The representatives of the Polish party in power call xenophobia "a made-up issue"129. Yet, according to the estimations by Adam Bodnar, the Commissioner for Human Rights, published in January 2019, the number of offences motivated by ethnic and racial intolerance committed in 2016-2018 was "extremely high". In particular, the National Prosecution Office stated that in 2015 law enforcement bodies investigated 1548 such cases, in 2016, 1631, in 2017, 1449. If you consider cases which were refused to be initiated, in 2017 their total number was 1708. A large part of the crimes (328) was committed against Muslims, in 2015 the number of offences against them almost doubled. The Jews, Ukrainians and gypsies remain the most vulnerable ethnic groups in Poland, besides Muslims. There has been an increase in the number of such cases studied by the CHR Bureau – in 2015 they amounted to 40 and in 2017 – to 100130. In December 2018, the EU Agency for Fundamental Human Rights published the report on the Experiences and Perceptions of based on the results of the survey on the discrimination of and hatred towards the Jews in the European Union conducted in May-June 2018 in 13 EU countries, including in Poland with 1233 people interviewed131. The results showed that 89% of the Polish respondents of Jewish origin consider racism "a very big problem". Meanwhile, 85% of respondents called antisemitism "a very big" or "a rather big" problem (39% and 46% accordingly).

129 https://oko.press/arytm-etyka-brudzinskiego-46-przestepstw-wobec-politvkow-wiecej-niz-1632- przestepstwa-nienawisci/ 130 https://www.gazetaprawna.pl/artykuly/1398485,rpo-liczba-przestepstw-z-nienawisci-utrzymuje-sie-na- bardzo-wysokim-poziomie.html,komentarze-najstarsze,1 131 https://fra.europa.eu/en/publication/2018/2nd-survev-discrimination-hate-crime-against-jews 194

Among the manifestations of antisemitism in Poland which have been spread the most for the last 5 years, 92% of the respondents named the Internet and social media, 77%, the political rhetoric, and 75%, media publications. In the respondents' opinion, major anti-Semitic statements in Poland are as follows - "too much power in the country is concentrated in the hands of the Jews" – 70%, "the Jews use the Holocaust image for their own purposes" – 67%, "the behavior of the Israeli towards the Palestinians is comparable to the Nazis' behavior" – 63%, "the Jews are themselves to blame for antisemitism" – 56%, "the Jewish interests always differ from the ones of other people" – 55%, "the Jews are not able to integrate into society" – 36%, "the Holocaust is a myth which is rather exaggerated" – 35%, "the world would be better without Israel" –29%. These are the accusations the Polish Jews have been facing the most on the Internet (92%), during the political activities (65%), on the media (64%), in public places (62%), during public assemblies (57%), in the speeches by politicians (48%) and even at the universities and in the academic area (18%). Comparative data on the status of the Jews in Poland and other EU countries are also illustrative. Thus, Poland is the leader in the number of respondents who for the last 12 months have witnessed verbal or physical aggression towards the Jews (32%), and it is ranked the third place in terms of the number of respondents whose families have faced verbal or physical aggression (25%). On the whole, 32% of those interviewed have witnessed an aggressive manifestation of antisemitism (threats by email, telephone calls, stalking, insulting comments or gestures, inadequately long looks, comments on social media) for the last 12 months and 45, for the last 5 years. Moreover, the status of the Jews in Poland is characterized by the highest extent of mistrust in the EU towards the actions by the governments to combat antisemitism. 91% of respondents believe that in this sphere the government does not do "anything" or does "almost nothing". The feeling of the authorities' 195 inaction correlates with the number of appeals to the Polish law enforcement agencies concerning particularly serious manifestations of antisemitism – 79% of victims reported on their refusal of the assistance of the law enforcement agencies. The Polish government has been ignoring the rise in religious and ethnic hate crimes against Muslims which has taken place following the efforts by the authorities to contribute anti-migrant sentiment amidst the migration crisis in the EU. According to the Prosecutor's Office of Poland, Muslims are the main victims of racism and xenophobia and most of the incidents are related not to the "hate speech" but to the physical violence. As the Polish human rights activists state, same as with the manifestations of antisemitism, 95% of such cases are not reported to the relevant agencies at all because the Polish Muslims have a low level of trust in the police and because the government neglects such offences considering them as incidents "causing insignificant public harm". In September 2017, several Polish Muslims organizations – the Muslim Religious Union, the Muslim League, the Muslim Cultural Development Community and the Muslim Students Community in Poland – appealed to Marek Kuchcinski, the Marshal of the , informing him of "the rise in verbal aggression and in the number of incidents involving the violation of physical integrity of the Islam's followers and the destruction of their places of worship". In January 2018, Tomasz Miskiewicz, the Polish mufti, distributed a statement in which he also expressed concerns about the increased attacks on Muslims as a result of stronger "neo-fascist and pseudo-patriotic organizations" in the country. In this connection, opposition members of the Sejm National and Ethnic Minorities Committee prepared a set of proposals to the Prime Minister Mateusz Morawiecki, yet, at the session of the Committee on July 2, 2018, it was dismissed by the members of the Law and Justice. The representatives of the Ministry of Interior present at the discussion stated that the police had been 196 successfully managing to solve the cases and had been monitoring the crimes against Muslims and the number of such offences had been rapidly declining132. In 2017, 35% of offences in the form of public insults or incitement to ethnic, national or religious hatred in Poland occurred on the Internet. According to the Commissioner for Human Rights, it is "virtual offences" which are "a gap" in the Polish legal system as the Law prohibits to conduct investigation into an anonymous criminal. While the competent bodies – which in most cases do not react to such offences – are not doing anything, experts and human rights activists suggest that the government should introduce "a John Doe" (a term in the Anglo-Saxon law) to the Polish legislation which would allow to sue an unknown person who will be identified during the investigation133. The Polish legislation criminalizes manifestations of racism and xenophobia134 but the Polish government has not been taking active measures to prosecute and combat the dissemination of racist and neo-Nazi ideas in society under the relevant articles of the Criminal Code. When in 2016 the incumbent party came to power, it abolished the Council on Combating Racial Discrimination, Xenophobia and Intolerance (it was established in 2013 by the previous liberal government); cancelled the Order of the Ministry of Education on the Compulsory Introduction of Anti-Discrimination Education at Schools. Upon the request by the member of the Sejm Adam Andruszkiewicz, the relevant training materials for policemen were withdrawn135. The Human Right Committee under the Ministry of Interior which monitored the activities of radical organizations was eliminated.

132 https://wiadomosci.dziennik.pl/wнdarzenia/artykuly/577293,islam-muzulmanie-policja-dyskryminacja- przestepstwo-nienawisc.html 133 https://www.gazetaprawna.pl/artykuly/1398485,rpo-liczba-przestepstw-z-nienawisci-utrzymuje-sie-na- bardzo-wysokim-poziomie.html 134 Article 119, paragraph 1 of the Penal Code (threats because of race, nationality, ethnicity, atheism or political orientation); Article 256, paragraph 1 of the Penal Code (public incitement to hatred because of race, nationality, and ethnicity or atheistic opinions); Article 257 (public insult because of race, nationality or ethnicity). 135 They contained recommendations to identify and investigate hate crimes as well as a list of racist and chauvinistic symbols used by the Polish nationalists. 197

The CHR Bureau, representatives of NGOs and the media have been also reporting on numerous examples of investigations against nationalists disseminating the ideas of Nazism which have been conducted under "manual control" (which means that decisions on further actions during the investigation are taken not by law enforcement bodies themselves but in accordance with the instructions by the government)136. Investigation of actions by nationalists and the police at the annual March of Independence in Warsaw on November 11, 2017 when racist mottos and fascist symbols ("Europe will be white or deserted", "Pray for Islamic Holocaust", etc.)137 were demonstrated still has not been finished. Nationalist March in Hajnowka in 2018 which was followed by the CHR's informing of the regional prosecutor's office of Bialystok that the participants of the March used the banned Nazi symbols has also become a good example. According to the ombudsman, the Polish investigative bodies were swapping this case and, in the end, dismissed it. The prosecutor's office refused to initiate criminal proceedings against the NRP's members who posted a text titled "Racial Separatism is the Answer to the "Multi-Kulti" Policy of the " on their Web-page saying that they did not see any signs of disseminating racist ideas. Despite the suit filed by the HRC, investigative bodies also refused to initiate criminal proceedings against the demonstration of the Law and Justice pre-election promo on the Internet in autumn 2018 which presented a dull picture of Poland in case of accepting migrants. According to the CHR, the victims of hate crimes say investigative bodies dissuade them from filing law suits. It is known that law enforcement bodies do

136 https://www.rpo.gov.pl/pl/content/30-przykladow-rnowy-nienawisci-w-ktorych-dzialania-prokuratury-budza- watpliwosci-RPO 137 Such Polish organizations as Niklot (a youth nationalist organization of anti-cleric and anti-Semitic nature which declares fight for purity of “the Slavic and the races”) and Stormtroopers (nationalists whose emblem is the symbol of the British Union of Fascists) as well as representatives of Hungarian, Spanish, Italian, and Slovak radical movements took part in the march. The world media called the march in Warsaw “the largest fascist march in Europe”. 198 not qualify incidents clearly motivated by racism or xenophobia as hate crimes and they are not included into statistics. For example, in 2016, it so happened with the professor of the University of Warsaw Jerzy Kochanowski who was beaten on the tram for speaking German with his German colleague. The judge ruled that the crime did not have a xenophobic motive as "the criminal realized that Kochanowski was Polish". In January 2019, Adam Bodnar submitted a list of 20 recommendations to strengthen fight against hate crimes to Prime Minister Mateusz Morawiecki138. It included: - criminalization of the participation in organizations involved in the propaganda of racial hatred (Article 13 of the Constitution of Poland prohibits organizations referring in their programmes to "totalitarian methods and the modes of activity of Nazism, fascism and communism" or whose programmes "sanction racial or national hatred", yet, the mechanism to counter them is ineffective as such organizations often change their names and structure); - introduction of a legal definition of "hate speech" which is missing in the Polish law today; - verification of all criminal cases for hate crimes which were halted by the National Prosecutor's Office; - carrying out public campaigns and undertaking educational programmes for children and youth, information-sharing activities for teachers, legal training for policemen, prosecutors, judges and lawyers. Today in Poland, activities aimed at combating the dissemination of neo- Nazism, racism and xenophobia are mostly conducted by NGOs and civil society activists.

138 https://oko.press/testament-adamovwicza-rpo-przekazal-premierowi-20-rekomendacji/ 199

Portugal Today, as in previous years, the problem of the revival and glorification of Nazism in Portugal is not acute. The country did not take part in the Second World War, there was no fighting on its territory, and the official adhered to the policy of neutrality. Yet, the local population felt the direct impact of the ideology of Nazism and racial superiority through the prism of Salazar and Caetano dictator regime which was in power for almost four decades (since the mid-1930s). After the democratic revolution which took place on April 25, 1974, racism, racial discrimination, xenophobia, the ideas of racial superiority have not become widespread in Portugal. Cooperation with former colonies within The Community of Portuguese Language Countries (the CPLP) is one of the key priorities in Lisbon's foreign policy. Under the applicable legislation, the nationals of these countries permanently residing in Portugal have almost the same rights and obligations as the Portuguese citizens. The Constitution of Portugal and Law No. 134/99 of 1999 prohibit discrimination on the basis of race, skin colour, nationality or ethnic origin. In accordance with this Law, the Commission for Equality and against Racial Discrimination was established. Manifestations of racial and national intolerance, real facts of xenophobia are sporadic and occur, in particular, among penitentiary personnel. Racist rhetoric is spread among football fans unions and skinheads. All such cases are recorded by authorities and are publicized by the media with the assistance of the active Portuguese non-governmental organization SOS Racism. The State has not taken any efforts to justify or glorify Nazism. The leaders of the country do not question the fact of starting the Second World War by the Nazi Germany. 200

The Portuguese government has not prevented commemorative events to mark the Victory by the countries of the anti-Hitler coalition in the Second World War. A good example of that is the assistance of Lisbon municipal authorities in holding the Immortal Regiment march on one of Lisbon Squares which in May 2018 gathered more than 1000 citizens of Russia, Ukraine, Moldova, Belarus, Armenia, Portugal and other countries. On January 27, at the International Holocaust Remembrance Day, Portugal annually holds large-scale and significant events, including in the Parliament, at universities and schools. On February 1, 2019, the Assembly of the Republic unanimously adopted the resolution which states the role of the Soviet Army in releasing the prisoners of the concentration camps.

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Qatar Qatar systematically implements at State level the policy of preventing and combating manifestation of Nazism, neo-Nazism and other contemporary form of racism, racial discrimination and related intolerance. Due to historical and cultural specificities the Qatari society does not embrace the ideas of Nazism and does not support its manifestations in any forms. No incidents of racism, racial discrimination, xenophobia or intolerance were reported in the country. Political parties, ethnic organizations and ideological NGO are prohibited in Qatar. The domestic political situation is generally characterized by stability, the crime rate is low, interethnic or interreligious conflicts are not reported. The authorities are paying increased attention to maintain a balance of interests in society and to prevent extremist activities. The population of Qatar is heterogeneous, original inhabitants count for 13% of all nationalities residing permanently in the Emirate (2.4 million in total). The leadership of Qatar respect the historical role of the USSR (and the Russian Federation as its successor) that made a major contribution in the defeat of Nazism. Commemorative events for Victory Day, held annually by Russian embassy, are widely covered by local media and supported by Qatari audience. They are usually attended by members of Russian-speaking diaspora, including nationals of former Soviet republics, the diplomatic corps, and representatives of Qatari departments, agencies and business communities. The events "Ribbon of Saint George" and "Immortal regiment", which take place annually on the central promenade of Doha, are held freely. The Constitution of the State of Qatar, adopted in 2003, is the principal document regulating issues of countering racism, racial discrimination, xenophobia and intolerance. The law of the State of Qatar is based on Sharia and, to a lesser degree, on the civil code. In particular, Article 8 of the 202

Constitution states: "All subjects are equal before the law; there shall be no discrimination on sexual, racial, linguistic or religious grounds". To counter manifestations of racism, xenophobia and other types of intolerance, Doha actively promotes the strategy and the goals of the United Nations Alliance of . The programme National Vision 2030 reflects the aims and plains of the Emirate to develop dialogue of civilizations, interreligious mutual understanding and coexistence of different cultures. Within the framework of this conception Qatar annually holds mutual years of culture with other States. Thus, the year of culture between Qatar and Russia ended in February 2019. On the basis of six conferences of the Alliance of Civilizations the Qatari Committee developed an action plan (for 2018-2019) for four basic groups of issues: education, youth development, migrant issues and media. According to the approved plan, it is expected within the education sphere to implement the conception of tolerance and peaceful coexistence between different religions and cultures in the programme of pre-school, secondary and higher education. It is also expected to hold, under the auspices of the Doha International Center for Interfaith Dialogue, thematic lectures and seminars in the establishments of pre- school, secondary and higher education, as well as in mosques. In the sphere of youth development, the main goal declared is the adherence of Qatar to the International Youth Movement within the framework of the Alliance of Civilizations. The participation of Qatari youth (from 18 to 29 years old) in annual forums, exchanges of youth delegations from member States, as well as the holding of the International Youth Forum in Doha, are also planned. As for the media, the plan provides for supporting and promoting awareness-rising publications and materials on TV, in print media, on the Internet and social media, as well as holding seminars and trainings for journalists and media representatives on covering "sensitive" issues of 203 interaction between cultures and ethnic groups with emphasis on prevention of religious extremism and manifestations of xenophobia and neo-Nazism.

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Romania Anti-Semitism, racism, Fascism and other acts of xenophobia are legally prohibited and criminalized in Romania. The year of 2015 saw the enactment of Law No. 217 amending the Government Ordinance No. 31 of 2002 Prohibiting Fascist, Racist, Xenophobic Organizations and Symbols, as well as Organizations and Symbols Promoting the of Personalities Guilty of Crimes against Peace and Humanity. The Law defines the notion of "Holocaust in Romania" as "systematic extermination and annihilation of Jews and the Roma with the support of the authorities and government agencies of the Romanian State during the period from 1940 to 1944" and criminalizes its denial, justification or minimization of its effects. According to the law, all "legionary movements", i.e. "organizations which were active in Romania during the period from 1927 to 1941" – Legion of the Archangel Michael, and Everything for the Country party – as well as their modern successors shall be treated as fascist organizations. Tougher legislation forced officially registered non-governmental organizations promoting the ideas of "legionary movement" to cease their public activity, while a number of far-right organizations continue their propaganda using social media. These include an officially registered party, The New Right, and a legionary movement with no legal status, Legion of the Archangel Michael. The year of 2018 saw the enactment of Law No. 157 on Specific Measures to Prevent and Counter Episodes of Anti-Semitism that provides for imprisonment for a period ranging from 3 months to 10 years for anti-Semitic rhetoric, dissemination of anti-Semitic material, establishment of anti-Semitic organizations and participation in their work. Over the recent years, the country has seen a tendency towards a growing number of those who support nationalistic movement seeking, inter alia, 205 rehabilitation of fascist units which were active in the territory of the country till 1944. The largest and most proactive one is Actiunea 2012 (Action 2012) comprised of over 40 NGOs. It is known for its populist calls for a review of the outcome of the Yalta and Potsdam Conferences. The organization is aggressive in its popularization of the ideas of "Romanian unionism". It advocates a revision of boundaries which suggests a "return" of Moldova, Ukrainian Bukovina and a number of region's areas to the "bosom of the motherland" of Romania. Apart from revisionist slogans, various campaigns and marches, regularly organized across the country, often feature ultranationalist and Russophobic rhetoric as well. The rhetoric of activists of the "Romanian unionism" movement seeks to whitewash war crimes by Hitler's accomplices from Romania (dictator and others) by passing their actions off as "fight for national liberation" of the Romanian people. A public opinion survey, carried out in November-December of 2018 and commissioned by the National Council for Combating Discrimination, showed that 48 per cent of respondents support nationalism as useful phenomenon for Romania. The rise of such sentiments is taking place amid acquiescence from the Romanian authorities that "turn a blind eye" to flagrant violations by Romania of its international commitments relating to the prohibition of Nazi symbols and organizations. Contrary to the provisions of the Government Ordinance No. 31 of 2002, some residential areas still feature streets which bear the names of criminals convicted of crimes against the Roma or Jewish people. Streets of such residential areas as Bechet (Olt county), 1 Decembrie (), Ramnicu Sarat (Buzau county), Marasesti (Vrancea county) bear the name of a war criminal and Hitler's ally, marshal Ion Antonescu. A street in the city of Cluj- Napoca is named after the commander of an ultranationalist movement unit and 206 a far-right political party, Iron Guard, and the general manager of Romanian theatres during the period of 1940-1941, Radu Demetrescu-Gyr (convicted of war crimes in June 1945). Streets in and Aiud, as well as a technical college in the Romanian capital bear the name of the deputy finance minister of Ion Antonescu's government, Mircea Vulcanescu (convicted of war crimes in October 1946). The memory of , minister of propaganda of Ion Antonescu's government, lives on in the name of a street in the city of Pitesti (convicted of war crimes in July 1945).139 In 2017, deputy mayor of Sector 2 in Bucharest and member of the National Dan Cristian Popescu, with the support of "liberal" Russophobic media, proposed an initiative to rename the Tolbukhin Park alleging that the Soviet Marshal had been an "invader and aggressor" and "the Red Army brought communism" on Romanian soil. In March 2019, 28 parliamentarians with an ultra-liberal party of "Soros breed", Save Romania Union, proposed to pass a bill "prohibiting communist organizations and symbols". What raises serious questions is the successor status of the Democratic Forum of Germans in Romania (DFGR) which represents the interests of the German minority residing in the country. In his open letter, Romanian political analyst and economist Radu Golban pays attention to a dangerous precedent when Romania effectively recognized the Nazi organization. The author of the letter believes that an expert study by Swiss lawyers shows that the decision by Romanian judicial authorities to acknowledge the DFGR as the successor entity of the Ethnic Germans Group (Deutsche Volksgruppe in Rumanien) actually means a recognition of this Nazi group and a violation of Bucharest's commitments relating to peaceful agreements signed following World War II140.

139 http://szekler-monitor.sic.hu/2019/01/07/the-theorv-and-the-facts/ 140 http://radugolban.ro/dfdr-lawsuit/open-letter-political-leaders-allied-united-powers?lang=en 207

Decision by the Sibiu court of May 28, 2007 recognized the DFGR as the successor entity of the Romanian affiliate of the Nazi Ethnic Germans Group which, according to Decree by King Mihai No. 485 of October 7, 1944, had been prohibited and ceased to exist. According to the said court decision, the DFGR started restitution of its property forfeited after 1944. Over 100 objects of immovable property shall be restituted in Sibiu county141. This process is directly supported by the President of the country and former chairman of the DFGR, Klaus Iohannis. Though the DFGR is not a radical or extremist organization, the ongoing property transfer procedure using such a legal mechanism could be applied to former activists of the legionary movement or members of Ion Antonescu's government. This could set a dangerous precedent for restitution of property seized based on charges of war crimes brought by former owners. March 2018 saw a launch of Nationalistic Corner (Coltul nationalist) website which seeks to restore "historical justice" by revoking Government Ordinance No. 31/2002 and Law No. 157/2018 prohibiting dissemination of books by collaborators, including by Albert Wass142. Some recommendations of the final report by the International Commission on the Holocaust in Romania, which completed its work in 2004, have not been implemented yet. Despite persistent demands from representatives of the local Jewish community, the Romanian authorities have not so far taken any steps to quash the decision by the Constitutional Court of Romania of 1997 concerning rehabilitation of war criminals Radu Dinulescu and Gheorghe Petrescu who were convicted in the post-war period. We see attempts to rehabilitate Romanian politicians involved in the massacre of Jewish and the Roma people. Efforts to preserve the memory of

141 http://www.justitiarul.ro/11189-2, http://www.corectnews.com/politics/noua-cas-verde 142 http://www.justitiarul.ro/platforma-coltul-nationalist-promovarea-si-difuzarea-de-carte-cu-orientare- exclusiva-spre-continutul-literar-nationalist-conservator-si-crestin/ 208

"victims of communism" frequently result in justification of former convicts from among the legionary movement or Ion Antonescu's former administration (cases of Mircea Vulcanescu, Radu Demetrescu-Gyr and Vintila Horia, finance minister of Ion Antonescu's government convicted of war crimes in 1946). A public opinion survey, carried out in December of 2017 by the EU Agency for Fundamental Human Rights, shows that over 40 per cent of the Roma population in Romania say they suffer from discrimination on the grounds of nationality. Occasional abuse of position by police against the Roma people has been recorded. NGO The Roma Center of Social Cooperation and Research has recorded 43 cases of this kind left without any serious investigation into the actions of law enforcement officers. One of the recent episodes was recorded in September 2018 when the capital city police applied "extensive force" during the detention of two Roma teenagers for illegal fishing in one of the parks of Bucharest. The MIA of Romania is currently conducting an internal investigation into the this case143. The report by the US Department of State of 2018, with reference to the Office of the United Nations High Commissioner for Refugees, mentions crimes committed against refugees and migrants in Romania in 2018, the majority of which, for various reasons, went unnoticed by Romanian law enforcement agencies. The Romanian authorities refused to classify these wrongdoings as hate crimes. There have been recorded isolated cases of anti-Semitism. April of 2017 saw a destruction of 10 tombstones at a Jewish cemetery in Bucharest144. In June 2017, the Jewish community in the city of Cluj-Napoca informed the police that unknown people inscribed insulting words denying the Holocaust on

143 https://www.g4media.ro/video-politistii-locali-din-sectorul-3-lovesc-cu-pumnul-si-ii-un-catusele-unui-copil- pentru-ca-a-pescuit-in-lacul-ior.html 144 https://www.hotnews.ro/stiri-esential-21732260-morminte-vandalizate-cimitirul-evreiesc-din-bucuresti-3- minori-cercetati-politie.htm 209 a wall of a city Jewish memorial site145. April of 2019 saw a destruction of over 70 grave- and memorial stones at a Jewish cemetery in the city of Husi (Vaslui county). The Federation of the Jewish Communities in Romania condemned this act of vandalism. Some claims by Romanian officials, characterized by society and human rights NGOs as incitement to ethnic hatred, deserve special mention. In January 2018, making a statement on local television, prime minister Mihai Tudose said that "those hanging out the so-called Székely flag in Romanian cities (a symbol of residing in Romania) will hang in the same place", after which he received a warning notice from the National Council for Combating Discrimination (NCCD)146. In 2018, prime minister's adviser Darius Valcov posted a video footage on his social media page where he compared President Klaus Iohannis with Hitler prompting condemnation from Jewish and German communities in Romania. The NCCD obliged Darius Valcov to pay a fine of about 500 US dollars147. According to Adevarul newspaper, a "crafty" manufacturer (Ro Star), during its confectionery advertising campaign on the Facebook social network, used the image of Hitler on the pretext of running a contest on history. At the same time, Romania has legal framework for combating glorification of Nazism. Its criminal law provides for a rather clear characterization of discrimination offences. Government Emergency Ordinance No. 31/2002, for instance, prohibits organizations, symbols and deeds with fascist, racist, legionary and xenophobic character and the glorification of those found guilty of genocide, crimes against humanity and war crimes. Such deeds include denying, contesting, approving, justifying or minimizing in an obvious

145 https://www.digi24.ro/stiri/actualitate/evenimente/politistii-clujeni-sesizati-dupa-ce-pe-sinagoga-evreiasca- au-aparut-mesaje-antisemite-741415 146 http://www.ziare.com/mihai-tudose/premier/fotografia-zilei-tudose-ridiculizat-pe-internet-secuii-s-au- conformat-alte-directive-de-la-centru-1497080 147 https://observator.tv/politic/darius-valcov-amendat-iohannis-asemanat-hitler-270460.html 210 manner, through any means, in public, the Holocaust or its effects. In addition, national courts have been collecting data on discrimination since April 3, 2015. Moreover, discriminatory acts constitute an aggravating circumstance, notably in instances of torture or limitations of the rights of a person perpetrated by a public servant when on duty. According to the UNHRC Special Rapporteur on contemporary forms of racism, Romania is taking practical measures as well. For example, curriculum for future judges and prosecutors at the National Institute of Magistracy includes training focused on combating hate crimes. Practical seminars and conferences on ways to handle hate crimes are organized as well. The police receive similar training on a wide range of issues relating to combating discrimination, including against minority groups148. In education, practical measures to combat neo-Nazism, racism, and racial discrimination were limited to the inclusion in 2013, on the initiative of the International Commission on the Holocaust in Romania, in primary, secondary, and upper-secondary school curricular, of an optional special course on the Holocaust, approved by the Ministry of National Education149.

148 The said measures were mentioned in the Report on Glorification of Nazism and measures to combat it by the Special Rapporteur on contemporary forms of racism, presented at the 72nd Session of the UN General Assembly. October 2017. A/72/291 149 ibid. 211

San Marino According to open source information, no cases of Nazism, neo-Nazism, other contemporary forms of racism, racial discrimination, xenophobia or related intolerance were recorded in the Republic of San Marino. The legislation of the Republic of San Marino does not prohibit discrimination on the grounds of language or race. The Republic lacks an independent body responsible for combating acts of racism, xenophobia, anti- Semitism or national intolerance. In its report of 2017 on human right in San Marino, the European Commission Against Racism and Intolerance mentions a delay in the development of relevant legislation on combating discrimination and strongly encourages the San Marino authorities to establish a specialized body which would manage the issue at national level. The report tells about foreigners' rights abuse, including Italian nationals. San Marino-based foreign nationals, for instance, enjoy neither active nor passive voting rights at administrative or local elections. Foreigners living in San Marino for a long time and not willing to renounce their citizenship cannot take citizenship of the Republic of San Marino. The Commission also noted a certain progress reached by the Republic in the development of measures to combat discrimination. Today, the Criminal Code of San Marino provides for punishment for discrimination on the grounds of gender, but at the same time establishes that gender cannot constitute an aggravating circumstance when it comes to sentencing for criminal offences. The Republic's law enforcement agencies have developed a method to collect data on racist incidents; and now they are working on a draft code of conduct for parliamentarians envisaging sanctions in case of the use of expressions or quotations inciting hatred. During meetings of the Committee of Ministers of the Council of Europe, San Marino has on numerous occasions mentioned the need to preserve historical truth about the events of World War II, need to foil the attempts to 212 falsify historical records, and the importance of continuing aggressive action against Nazism, nationalism and racial discrimination in Europe.

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Serbia In Serbia, both the authorities and civil society show total repudiation of the legacy of the Third Reich, and respect for the memory of the anti-fascist fighters who died for the liberation of Yugoslavia. In the international arena, Belgrade has consistently supported efforts to fight Nazism and related ideologies by backing year on year the draft resolution of the UN General Assembly on Combating Glorification of Nazism, neo-Nazism and Other Practices that Contribute to Fuelling Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, including as a co-author of the document. There have been no cases recorded when the authorities or non- governmental organizations were involved in illegal exhumation or reinterment of anti-fascist fighters, prosecution of anti-fascist veterans, prohibition of Red Army and USSR symbols, or obstruction of commemorative events to celebrate the Victory in World War II and other related dates. The annual Immortal Regiment march is held in many parts of Serbia and is actively supported by the authorities, veteran organizations, civil society, and the population in general. We see that central and local authorities pay careful attention to the conservation of monuments to anti-fascist fighters and victims of World War II. There are isolated cases of desecration of monuments which often constitute disorderly conduct or stealing of monuments' pieces. In the city of Vrbas, a Red Army star disappeared from the monument to fallen Soviet soldiers in 2015150. A monument in Belgrade to Jews killed in World War II was vandalized in 2016151. On September 21, 2018, the swastika graffiti and "Heil Hitler" inscriptions were found in the Students' Park located in the center of Belgrade, which were removed the very same day by public service companies152. In

150 http://www.rtv.rs/sr_lat/vojvodina/oskrnavljen-spomenik-crvenoarmejcima-u-vrbasu_591477.html 151 https://www.telegraf.rs/vesti/beograd/2180682-oskrnavljen-spomenik-stradalim-jevrejima-u-drugom- svetskom-ratu-usred-beograda-foto 152 http://rs.nlinfo.com/Vesti/a421836/Nacisticki-simboli-u-centru-grada.html 214

September 2018, the city of Nis saw a desecration of the monument to the Bulgarian soldiers who died for the liberation of Yugoslavia (this deed was condemned by the Serbian authorities represented by Minister of Labour, Employment, Veteran and Social Affairs Zoran Djordjevic). On January 10, 2019, some metal letters of the inscription dedicated to Red Army soldiers and fighters of the National Liberation Army of Yugoslavia disappeared from the facade of the Liberators of Belgrade Cemetery153. The stolen elements were quickly restored by a local public service company. Glorification of Nazism in Serbia is limited to the activity of just a few marginal youth groups influenced by Nazi ideology. Serbia has seen isolated cases of public appearance by followers of Nazi ideology, featuring only a small number of participants. On February 4, 2018, neo-fascist organizations and Serbian Tsarostavnik held a rally in the center of Belgrade to commemorate the head of the Serbian collaborationist government, Milan Nedic. After that the Prosecutor's Office of Belgrade opened a criminal case into the incitement to ethnic, sectarian and racial hatred. A similar rally took place in 2019 as well, but this time it didn't attract the attention of law enforcement agencies and the society in general because the participants in the rally refrained from using banned symbols. Serbian Action also uses internet and social media, primarily to whitewash itself and other notorious Serbian collaborators, for example Dimitrije Ljotic154, the founder of the fascist Yugoslavian movement, Zbor. Pursuant to the 2009 Law Prohibiting Events Staged by Neo-Nazi and Fascist Organizations and Associations and Use of Neo-Nazi and Fascist Symbols, in 2011 the Serbian authorities wound up National Structure155, a non-

153 http://www.politika.rs/sr/clanak/420023/Ukradena-mesingana-slova-sa-ulaznog-zida 154 https://akcija.org/nova-histerija-stari-duh-komunistickog- totalitarizma/?fbclid=IwAR0U9cllSazWsjywy47Ad9ZuKQcP3BTeKH7IN5JwrVLBbuPP6e-v5YSPxls 155 http://www.novosti.rs/vesti/naslovna/hronika/aktuelno.291.html:332829-Zabranjen-quotNacionalni-strojquot 215 governmental organization, and in 2012, a far-right association, Image156, ceased to exist following a relevant court ruling. There are attempts to review history on the part of radical members of national minorities praising their compatriots who collaborated with the Nazis. On August 3, 2012, the largest city of the Sandzak region, Novi Pazar, primarily inhabited by Muslim Bosniaks, unveiled a memorial plaque to Amir Hadziahmetovic, local collaborator and war criminal, who pandered to the Albanization of the local population in 1941-1944, as well as to slaughter of Serbs and Jews157. On February 23, 2017, "president" of Kosovo Hashim Thaci, together with Bosniaks from the Sandzak region, paid tribute to and Mehmet Gradica, field commanders of an Albanian nationalist organization, Balli Kombetar, who also collaborated with German Nazis and fought against the National Liberation Army of Yugoslavia158. Legislative measures against glorification of Nazism are contained in the said 2009 Law Prohibiting Events Staged by Neo-Nazi and Fascist Organizations and Associations and Use of Neo-Nazi and Fascist Symbols. Article 3 of the Law prohibits production, duplication, storage, presentation, glorification or other distribution of propaganda material or symbols which incite racial, ethnic or religious hatred, as well as justify neo-Nazi or fascist ideas or organizations or otherwise threaten law and order. Article 4 of the Law prohibits production, duplication, storage, presentation, glorification or other distribution of content or symbols which justify or promote ideas, activity or actions of those convicted of war crimes. Within the meaning of Article 3, any public appearance calling for the incitement to ethnic or religious hatred is prohibited. In addition, prohibitions provided for by the

156 https://www.blic.rs/vesti/hronika/ustavni-sud-zabranio-pokret-/bb73exd 157 https://www.telegraf.rs/vesti/politika/290478-skandal-ugljanin-na-otkrivanju-spomen-ploce-ubici-srba-foto 158 https://www.president-ksgov.net/sr/vesti/predsednik-thaci-shaban-poIluzha-i-mehmet-gradica-nisu-stedeli- nista-radi-odbrane-naroda 216 said Law also cover the activity using computer systems mentioned in Articles 3-4. Unlawful acts provided for by the 2009 Law carry fines from 5 to 50 thousand Serbian dinars for individuals (from 50 to 500 US dollars); from 50 to 500 thousand Serbian dinars for individual entrepreneurs (from 0.5 to 5 thousand US dollars); and from 100 thousand to 1 million Serbian dinars for legal entities (from 1 to 10 thousand US dollars). At the same time, there is a loophole in Serbian law, that is to say there is no prohibition on providing financial assistance to fascist or neo-Nazi organizations or associations. According to Serbian criminal law, hate crimes on the grounds of race, religion, nation, ethnicity or gender constitute an aggravating circumstance (Criminal Code of the Republic of Serbia, Article 54а). The Special Section of the Criminal Code, Article 317 provides for imprisonment for a period ranging from 6 months to 2 years for the incitement of hatred or hostility on the grounds of race, nationality, or religious orientation. In case this act is accompanied by violent actions, desecration of national, ethnic or religious symbols, infliction of damage to someone else's property, desecration of monuments or tombstones, offenders shall be punished with 1 to 8 years of imprisonment. In case of abuse of position or when the unlawful act provided for in Article 317 results in disorder or some other grave consequences for the coexistence of peoples, national minorities or ethnic groups residing in Serbia, offenders shall be punished with 2 to 10 years of imprisonment. Article 387 of the Serbian Criminal Code provides for yet another offence: Racial and other Forms of Discrimination. Suppression of human rights and freedoms envisaged by universally accepted principles of international law or international agreements ratified by Serbia, on the grounds of race, color, religion, nationality, origin or other personal characteristics, shall be punishable with imprisonment for a period ranging from 6 months to 5 years. According to 217 para. 3 of the said Article, promotion of the idea that one race is superior to another, of racial intolerance or incitement to racial discrimination shall be punishable with imprisonment for a period ranging from 3 months to 3 years. Dissemination of texts, graphics or other representation of ideas or theories which cause or advocate hatred, discrimination or violence against a person or groups of people, on the grounds of race, color, religion, nationality, origin or other personal characteristics, shall be punishable with imprisonment for a period ranging from 3 months to 3 years. Public approval, denial or minimization of genocide, crimes against humanity, or war crimes committed against a group of people on the grounds of race, color, faith, origin, citizenship or nationality, which may cause violence or hatred against such groups of people or some of its members, shall be punishable with imprisonment for a period ranging from 6 months to 5 years, in case it is established by a decision of a Serbian court or the International Criminal Court that the abovementioned crimes have actually been committed. Threat to commit a crime punishable with a minimum of 4 years of imprisonment against a person or a group of people, on the grounds of race, color, religion, nationality, origin or other personal characteristics, shall carry a penalty of imprisonment for a period ranging from 3 months to 3 years. In addition, there is a separate Law Prohibiting Neo-Nazi and Fascist Organizations and Associations and Use of Neo-Nazi or Fascist Symbols or Emblems which bans members or followers of neo-Nazi or fascist groups from holding events, spreading neo-Nazi or fascist symbols, emblems or propaganda material, as well as conducting any other activity with a view to promoting neo- Nazi or fascist ideas. Activity of extremist and racist organizations promoting hateful ideas is prohibited. The Constitutional Court, for example, prohibited such organizations as Natsionalny Story (National Mechanism) and 218

Otachastveni Pokret Obraz (Obraz (Image) Patriotic Movement)159. The year of 2018 saw the adoption of the Law on War Memorials which obliges the Ministry of Labour, Employment, Veteran and Social Affairs, the Ministry of Defense and local authorities of Serbia to take care of the monuments of military glory. Simultaneously, a ban was imposed on erecting those monuments whose content contradicts historical facts; which harm common and public interests, hurt feelings of any people, believers or injure public morals; which are dedicated to the events that have nothing to do with the legacy of Serbian liberation wars, or symbolize loss by Serbia of its sovereignty, territorial integrity, independence or freedom; which honour a person who advocated fascist, Nazi, chauvinistic, separatist ideas or ideologies, or cooperated with aggressors, occupants, their allies or accomplices. The abovementioned signs may serve as the basis for demolition of an existing monument on the initiative of State or local authorities, legal entities or individuals following the approval of the Ministry of Labour, Employment, Veteran and Social Affairs. There is yet another law relating to the legacy of World War II, i.e. the Law on Rehabilitation of 2011. This Law makes it possible, within five years after its entry into force, to rehabilitate those who were put to death or sentenced to imprisonment on political, religious, ethnic or ideological grounds. However, those who, during World War II, were sentenced to death penalty or imprisonment as members of the armed forces of occupation or collaborationist units are not entitled to rehabilitation. Article 2 of the Law specifies that those who did not commit and were not involved in war crimes, despite their affiliation with the armed forces of occupation or collaborationist units, are entitled to rehabilitation. This loophole made it possible to rehabilitate through

159 Report on Combating Glorification of Nazism by the UNHRC Special Rapporteur on contemporary forms of racism, presented at the 71st Session of the UN General Assembly. October 2016. A/71/321 219 court some 300 members of the 7th SS Mountain Division, Prinz Eugen160, which gave SS men's descendants a chance to restitute property seized after the war. However, despite the rehabilitation, the governmental Agency for Restitution did not grant a single request for property restitution under the provision of the Law on Restitution of 2011 which directly prohibits restitution of property to members of occupation forces or their descendants161. In 2012, as a result of the amendment of the Law on the Rights of Veterans, War Invalids and Their Family Members, people of this category were granted the status of national liberation war veterans. In addition, according to the Law on Rehabilitation of 2011, a court rehabilitated a ' commander, Dragoljub Mihailovic, in 2015 on the grounds that a retrial allegedly failed to prove that he had committed any war crimes. Yet another Chetniks' commander, Nikola Kalabic, was rehabilitated in 2017, but later in 2018 the court decision was quashed and the case was referred back for a rehearing. Participation, in May 2018, of a ' delegation, with the alleged approval of the head of the General Staff, Ljubisa Dikovic, in a wreath-laying ceremony at the monument to Dragoljub Mihailovic provided grounds for yet another round of speculation in the media about the attempts by the Serbian authorities to review history162. At the same time, according to experts, it is inappropriate to talk about any attempts by official Belgrade to review the outcome of World War II since rehabilitation of the Chetniks is not a mass phenomenon; in 2014, a court refused to rehabilitate Milan Nedic, who undoubtedly served the interests of Third Reich in Serbia. The fact that there are no programs in the country to prevent extremist sentiments is due to a strong anti-fascist tradition in the Serbian society, its

160 https://www.b92.net/biz/vesti/srbija.php?yyyy=2018&mm=12&dd=12&nav_id=1481043 161 http://www.novosti.rs/vesti/naslovna/drustvo/aktuelno.290.html:765562-sudovi-donose-skandalozne-odluke- Potomcima-nacista-se-vraca-imovina 162 http://www.politika.rs/scc/clanak/403487/Vojska-skrenula-s-puta-pa-salutirala-Drazi 220

"immunity" to such radical ideas. This is evidenced by the fact that there have been no serious cases of violence against migrants or refugees during the migration crisis of 2015-2016 and, according to public surveys of 2017, by a generally tolerant attitude of local population towards them. Serbia hosts events that encourage inter-ethnic and inter-religious cooperation and convergence between communities. Since 2005, the Autonomous Province of has been implementing the project called Promotion of Multiculturalism and Tolerance in Vojvodina seeking to promote the principles of non-discrimination, and respect for ethnic, cultural and religious diversity in schools and among young people. In 2017, the OSCE Mission, together with the Ministry of Internal Affairs of Serbia, organized the first seminar in Serbia dedicated to the prevention of violent extremism, as part of the project called Supporting the Prevention of Violent Extremism and in Serbia. During history lessons, the Serbian education system pays special attention to seeking understanding of historical and contemporary changes and creation of democratic values, including promotion and protection of human rights, development of intercultural dialogue and cooperation, understanding of various cultural and historical legacy and tolerance towards different views and mindsets. In order to teach such topics as the Holocaust, Fascism and war crimes teachers in Serbia receive special training163. The issue of social inclusion of the Roma is subject to intense scrutiny by the Serbian authorities. In 2016, the Office for Human and adopted the Strategy for Social Inclusion of the Roma for the period 2016-2025 which replaced the previous one for the period 2010-2014. This move was mentioned in the report on glorification of Nazism by the UNHRC Special

163 Report on Combating Glorification of Nazism by the UNHRC Special Rapporteur on contemporary forms of racism, presented at the 72nd Session of the UN General Assembly. October 2017. A/72/291 221

Rapporteur on contemporary forms of racism, presented at the 72nd Session of the General Assembly.

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Slovakia The authorities of the Slovak Republic and the public generally share the approaches of the Russian Federation towards the fight against manifestations of Nazism, neo-Nazism and other modern forms of racism. Official Bratislava vehemently rejects the stance adopted by several local radical organizations seeking to legitimize the activities of the leaders of the pro-fascist Slovak State during the Second World War. Slovakia holds regular public events to commemorate country's liberation from the Nazi occupants. Representatives of the authorities and public organizations participate in the wreath-laying ceremonies at the monuments and burial places of Soviet soldiers that are duly maintained. However, experts note that some officials seek to "dilute" any mention of the key role of the Red Army in liberating the country from the Nazi occupants in their statements, which is becoming a trend. There have been isolated cases of vandalism against Soviet memorial sites. For instance, in 2017, local perpetrators vandalized a monument to the Soviet Army in Košice, which was timed to coincide with the anniversary of the Warsaw Pact troops entering Czechoslovakia in 1968: they demonstratively chiseled the hammer and sickle symbols off the memorial.164 The legislative framework for combating neo-Nazism, racism and racial discrimination is the Criminal Code of Slovakia. Namely, Section 140a criminalizes conducts relating to the establishment, support and advocacy of the movements, whose actions are aimed at suppressing fundamental rights and freedoms; Section 422 punishes the production of extremist materials; Section 422a, the dissemination of extremist materials; Section 422b, the possession of extremist materials; Section 422c, the denial of the Holocaust, criminal political regimes and crimes against the person; Section 422b, the oppression of certain nations and races; Section 423, the incitement of national

164 www.tyzden.sk/spolocnost/41936/v-kosiciach-strhli-z-pamiatnika-padlym-voiakom-kosakv-a-kladiva 223 and racial hatred; Section 424, the apartheid and discrimination against certain groups of citizens. Nevertheless, statistics of the Ministry of Interior of the Slovak Republic show that more crimes under section "racially motivated extremism" are committed in the country every year. For example, there were 30 cases of such crimes in 2015, 58 in 2016, 145 in 2017, and 158 in 2018. On average, 40 per cent of these cases are solved.165 Estimates of the Ministry of Interior of the Slovak Republic put the number of members of right-wing and left-wing extremist organizations at about 2,000 with approximately 100 of them being quite radical. Experts note an improvement in the quality of organization of these groups that efficiently use legal forms of engagement creating public associations (among them, particular mention should be made of such entities as Slovak Public, New Free Slovakia, Slovak Society for Preservation of Traditions and Slovak Youth Union) and actively use social media to disseminate extremist ideology and recruit new followers. At the same time, there is only one party officially inscribed in the register of political parties and movements of the Ministry of Interior of Slovakia (www.ives.minv.sk) – People's Party Our Slovakia (PPOS) – that openly professes extremist ideas with elements of racial hatred and, in particular, actively uses anti-Roma rhetoric. One of their main objectives of the party is to create a nationally- and socially-oriented State (National Socialism) based on the model of the pro-fascist Slovak Republic during the Second World War. Its leaders, including President , who was sentenced by a court to death for the crimes he had committed, are honoured by the PPOS members as outstanding politicians who had made an "invaluable contribution" to nation- building. The party maintains contacts with extreme right-wing associations of the Czech Republic, Germany, Poland, Spain, Italy, Serbia and Croatia.

165 http://www.minv.sk/7statistika-kriminality-v-slovenskei-republike-xml 224

Leader of the PPOS has been detained by police on many occasions for chanting nationalist slogans during public events, however, no charges against him have been filed. In 2014, he was elected Governor of Banská Bystrica Region. In 2016, his party obtained seats in the National Parliament with around 9 per cent of the votes. As of now, the PPOS rating has slightly improved, as evidenced by the 10.39 per cent of votes it has received and Marian Kotleba's 4th place in the first round of presidential elections in Slovakia held on March 16, 2019. The General Prosecution of the Slovak Republic is currently considering the suit demanding to ban the PPOS activities (one of the similar entities of Marian Kotleba has already been dissolved by court). The Slovak authorities take practical steps to counter extremism, xenophobia and radicalization of society. For instance, in 2017, the investigation of criminal cases involving extremism was entrusted to the office of the Special Prosecution that received significant additional staff by decision of the Government, as well as to the special criminal court. Far-right and leftist associations are closely monitored by the intelligence services of the country (Slovak Information Service, SIS) and the Ministry of Interior of the Slovak Republic. Slovakia adopted the Conception of Combating Extremism for the years 2015-2019 that states the need to carefully monitor and identify crimes in this field with a view to prosecuting the perpetrators. Besides, the document provides for enhanced interaction between the Ministry of Interior and SIS and commercial providers of Internet services to integrate their efforts in identifying extremist activities. Since 2012, there is a Crime Prevention Department within the Ministry of Interior that has been working since 2016 to form a so-called Internet resources monitoring group with a view to identifying calls for extremist or terrorist action. The law enforcement agency concluded a contract with the 225

Altamira company to develop special software capable of analysing content automatically. This IT tool was later enhanced to identify manifestations of religious intolerance and calls to extremism in the Internet space of Slovakia's neighbouring States. The increasing influence of the PPOS, whose followers are mainly comprised of youth, has inspired competent authorities to strengthen awareness raising activities among children and youth with a view to preventing attempts to reconsider the outcomes of the Second World War, including improved history curricula on this period for secondary schools. Much work is being done in this field by State-sponsored NGO Slovak Union of Anti-Fascist Fighters supported by the national Ministry of Education.

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Slovenia The Slovenian society shows negative reaction to the attempts to spread aggressive nationalist ideologies. Throughout its history, the independent Slovenia has never reported any neo-Nazi rallies and torchlight processions. The cases of ideologically motivated attacks on the persons of other nationality, religion or belief are sporadic. At the same time, the society in the country remains fissured following World War II when in 1941 the territory of modern Slovenia was occupied by Hitler Germany, fascist Italy and Horthy Hungary. Some of the youth were forcibly drafted by the occupiers, others became partisans. Many bishops of the Catholic Church supported the occupiers because they were afraid mostly of "the spread of communism". In this regard, there are forces in Slovenia that express sympathy with the "domobrans" and "anti-communist volunteer militia" – the units composed of the German and Italian occupiers on the Slovenian territory during World War II. There were no attempts to declare the collaborators of World War II "participants of national liberation units". Nevertheless, their followers try to whitewash the activities of collaborators, declare all those who died in battles against anti-fascist partisans "victims of revolutionary violence", and some of them – "genuine warriors for the Catholic Church". During the last decade Slovenia has not seen any desecration or destruction of monuments of World War II. Military memorials of , as well as World War II are well maintained. The Directorate for Disabled, War Veterans, Victims of War of the Ministry of Labour, Family, Social Affairs and Equal Opportunities of Slovenia (as a chief body), as well as the Cultural Heritage Directorate of the Ministry of Culture of Slovenia is responsible for that.166

166 http://pisrs.si/Pis.web/pregledPredpisa7id~ZAK04144#, Cultural Heritage Protection Act of February 15, 2008 227

The neo-Nazi groups in Slovenia are very few, their connection with any influential political forces is not officially confirmed. In recent years some separate radical associations which, according to experts, include the followers of the European neo-Nazi organization Blood and Honour, as well as Tukaj je Slovenija (Slovenia is Here), Skinheads, Autonomous Nationalists of Slovenia and others, have refused from public demonstrations. They use social networks (primarily Facebook) to promote their ideas and maintain contacts. Under quasi-patriotic slogans these organizations oppose migrants, Muslims, the Roma, citizens of the former Republic of Yugoslavia, as well as their ideological opponents. Veteran organizations are highly respected in Slovenia, including the largest one – the Union of the Associations for the Values of the National Liberation Movement of Slovenia of 1941-1945 (ZZB NOB) which has more than 40 thousand members (8 thousand among them are veterans of anti-fascist resistance movement during World War II, the rest – are their relatives, descendants and other citizens who share anti-fascist values). The ZZB NOB together with the military history and veteran organizations is a part of the Coordination Council of Patriotic and Veteran Organizations of Slovenia which plays an increasing role in the public and political life of the society. There were no salient cases of injunctions against anti-fascist veteran organizations or their prosecution in Slovenia. The attempts of the right wing to prohibit the insignia of the Slovenian anti-fascist movement (and, indirectly, of the USSR and the Red Army) in 1990s and then in 2005-2008 was not a success. In 2012-2013 under the right-wing government Slovenia prohibited the use of the red star as a symbol of the Slovenian anti-fascist resistance movement during World War II at official ceremonies (these restrictions were not applied to the Russian/Soviet monuments and memorials). Once the Cabinet of Ministers led by the right had been dismissed in 2013, the ban was lifted. 228

The unveiling of the monument to the Sons of Russia and the Soviet Union who died during World War I and World War II, first common monument in the history of the Russian State, carried out by President of the Russian Federation Vladimir Putin in the capital of Slovenia, Ljubljana, has become an unprecedented event in the current international situation. The World War II International Research Center established in 2017 in has multifaceted potential. The fact that it is located in the building of the former Nazi "death camp" for Soviet prisoners adds particular moral force and credibility to its activities. During the first year of its activities this Research Center has become a venue where the embassy hosted four international conferences dedicated to upholding the historical truth about the events, the outcome and lessons of World War II in the context of current challenges. Distinguished historians and public figures from 20 European countries, including Russia, participated in these conferences. The current Slovenian government pursues the policy to preserve social and political stability and resolutely rejects any nationalist and extremist sentiments. The human rights organizations are concerned by some cases of racist rhetoric in public statements of several politicians towards persons belonging to national minorities, as well as migrants and refugees. There is also an increased use of hate speech towards migrants, the Muslims, the Roma in the Internet and online fora167. Extremist graffiti against the above-mentioned persons can be found in Ljubljana and several other cities in Slovenia. There were no cases of racial profiling among law-enforcement officers. In response to public calls for a complete ban on the Nazi and fascist insignia, as well as on the activities of extremist groups, the government states

167 http://www.mzz.gov.si/en/foreign policy and international law/slovenian foreign policy and human rights/thematic priorities/racial discrimination/ Section of the web-site of the MFA of Slovenia indicating international legal measures prohibiting any forms of discrimination in Slovenia. 229 that "in this regard there is no threat to security" and has not supported any amendments to the current legislation yet. Over the last decade the Office of the State Prosecutor General of the Republic of Slovenia has received 313 complaints about manifestation of nationalism. Since 2015 there were 5 charges related to these offenses, only in three cases the perpetrators were convicted. Local experts explain the reasons for this situation by the fact that in 2011 the center-left government amended Article 297 of the Criminal Code of the Republic of Slovenia168 which provided for criminalization of incitement to hatred. The authors of these amendments were guided by the fact that "such criminal activity restricts freedom of expression envisaged by Article 39 of the Constitution of Slovenia" and by the need "to ensure a delicate balance between the two rights guaranteed by the Constitution". They believe that this balance is possible only if a has been proved, if it jeopardizes or violates public order or caused physical violence. The regulation in this area is based on the position of the Office of the State Prosecutor General which, in fact, reduced to the minimum criminalization of incitement to hatred. The Slovenian experts furthermore presume that "there are other social mechanisms to be used in case no legal grounds for the prosecution are available". It is now widely recognized in Slovenia that these mechanisms ("civil liability" of those who incite to hatred, responsibility of owners or moderators of web-site where such topics are discussed in online comments etc.) "are underutilized". The Constitution of the Republic of Slovenia and the Sports Act169 prohibits any discrimination during sports events. Slovenia is a party to all core agreements related to this issue and an organizer of many major international sports events.170

168 169 http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKQ515 Sports Act of March 4, 1998 170 http://vw-liublianskimaraton.si/en/marathon The Ljubljana marathon web-site. 230

In 2013 the Ministry of Foreign Affairs of Slovenia, the Ministry of Education, Science and Sport, a number of eminent historians and scholars who deal with the Holocaust-related issues have developed an awareness project. A booklet entitled Unknown Traces was published. The aim of this booklet is to tell the youth about the Holocaust on the Slovenian land. Primary and secondary schools, as well as public libraries have the necessary booklets, thematic lessons of history are being given in schools. Slovenia provides education, preserves the remembrance and studies this tragic historical event also as a member of the International Holocaust Remembrance Alliance.171 In accordance with the UN General Assembly resolution 60/7 On the Holocaust Remembrance the government of Slovenia declared January 27 National Holocaust Memorial Day during which various events are held with the participation of the Slovenian Center of Jewish cultural heritage Sinagogue Maribor, the Slovenian Jewish community, as well as museums, research centres, institutions of secondary and higher education.172 Since 2016 the Guardians of the Spoon project173 has been implemented under the auspices of the MFA of Slovenia. This project is aimed at raising awareness about the Nazi atrocities on the Slovenian land and preventing distortion of history. The web-site of this project tells about the Slovenians who became prisoners of fascist and Nazi concentration camps during World War II, publishes in various forms their memoirs.

171 In recent years, a number of monuments to victims of the Holocaust have been opened in Slovenia, the last event of this kind was held in the center of Ljubljana in August 2018 where President of Slovenia Borut Pahor and Speaker of the National Assembly Matej Tonin unveiled commemorative plaques near the places of residence of the Holocaust victims. 172 http://www.mzz.gov.si/en/foreiizn policy and international law/slovenian foreign policу and human rights/thematic priorities/the international holocaust remembrance alliance ihra/ Section of the web-site of the MFA of Slovenia dedicated to Holocaust-related issues. 173 http://varuhizlice.si/ web-site of the Slovenian part of the project Guardians of the Spoon. 231

Spain The fight against Nazism, neo-Nazism, other modern forms of racism, racial discrimination and related intolerance has been firmly incorporated in the priorities of the domestic and foreign policy of Spanish authorities irrespective of their party affiliation. With strategic objectives to contribute to the global fight against these threats, Spanish diplomacy pays serious attention to the fight against impunity and the strengthening of responsibility for crimes in these spheres. In this work, draws on multilateral institutions with broad international legitimacy, is flexible in adjusting to the related requirements of the UN Human Rights Council, the European council, UNESCO, EU Agency for Fundamental Rights, human rights NGOs (Médecins sans frontières, Amnesty International, Human Rights Watch, SOS Racismo, Movement Against Intolerance, etc.). Spanish authorities respect Russian concerns about the danger posed by revision of history, and revival of fascist ideology. That said, Spanish right-wing nationalism mainly appeals to the Francoist period (1939-1975). In spite of different approaches of political forces towards the evaluation of this period in the country's history, the participation of the Spanish Blue Division in the Great Patriotic War on the side of the Nazi Germany is mainly discussed within the scientific historical context and has no influence on the political life of the country. In Spain, there have been no detected instances of glorification of the Nazi movement or members of the Nazi SS organization and all its parts, construction of monuments to the Nazis, public demonstrations to glorify the Nazi past, Nazi movement, or neo-Nazism. At the same time, on May 21, 2016, a far-right organization Hogar Social Madrid (believes that support should be given to ethnic Spaniards only) organized a march against immigrants in Madrid. The Prosecutor's Office initiated investigations on accusations of inciting hatred and calling to discrimination. 232

In recent years, Spain has seen isolated instances of desecration of monuments to those who fought against Francoism and Fascism in the in 1936-1939. In particular, it was noted that on May 23, 2016, swastika was drawn on a school for disabled children in Fuenlabrada, on August 29, 2017, – on monuments to the participants in the Spanish Civil War in 1936-1939 (including Soviet volunteers) in Fuencarral cemetery in Madrid, in December, 2017, – on posters of parties opposed to Catalan nationalists. Spanish Ministry of the Interior, Spanish Observatory of Racism and Xenophobia (founded in 2000 and part of the Ministry of Labour, Migrations and Social Security), as well as local NGOs – the Movement against Intolerance, and the Citizen Platform against Islamophobia – continually maintain statistics and keep track of hate crimes and incidents. According to statistic data of Spanish Ministry of the Interior (only covering registered cases), the number of hate crimes (for which the Criminal Code stipulates the liability of up to 4 years of deprivation of liberty) was 1419 in 2018 (1272 in 2017), including crimes related to racism and xenophobia – 524 (416), ideology – 446 (259), religious intolerance – 103 (47), anti-Semitism – 6 (7). At the same time, the Movement against Intolerance annually registers more than 4 thousand of such incidents in the country, noting that the vast majority of their victims, mainly the disabled, the homeless, Roma people, and immigrants, do not go to the police. This number includes street attacks on Muslims, online abuse, desecration of mosques in some Spanish cities. The average solving rate of these offenses is roughly 64%, but not higher than 30% in anti-Semitism cases. According to the same NGO, local far-right groups with more than 10 thousand participants, annually hold dozens of public events to spread their ideology, and the Spanish sector of the Internet counts with about a thousand web-sites that promote neo-Nazism, racism, and xenophobia. Amnesty International and SOS Racismo have detected instances of discrimination on the basis of nationality during the consideration by Spanish 233 authorities of refugee requests for asylum, and biased attitude of the local police towards descendants from Africa and the Middle East. Active participation of Spain in all fundamental multilateral treaties and its work in bodies specializing in the resolution of these issues is the proof of special attention Spanish authorities, as well as social and political circles pay to practical measures to fight against Nazism, racism, racial and other types of discrimination. Spain is one of the first signatories to the International Convention on the Elimination of All Forms of Racial Discrimination, it participates in the work of the OHCHR, the Committee on the Elimination of Racial Discrimination, etc., on a rotational basis. The authorities work on attracting the public attention to the problem of intolerance on the national level. In March 2019, the Government of Spain declared March 21 the International Day for the Elimination of Racial Discrimination (in memory of the shooting of a peaceful demonstration in Sharpeville, South Africa, in 1960). The following NGOs work in Spain in order to prevent the spread of neo- Nazism: the Global Platform Against Wars174, the Committee for Solidarity of the Basque Country with the Donbass175, the Spanish Association for Anti- Fascist Coordination176, SOS Racismo177, the Movement against Intolerance178, the Jewish Community of Spain179.

174 Global Platform Against Wars («Plataforma Global Contra las Guerras»), blog – http://plataformaglobalcontralas guerras.worldpress.com 175 Conducts rallies, workshops, and other events condemning the violation of human rights by Kiev authorities, including manifestations of neo-Nazism. Enthusiasts speak on television and radio, publish articles in local newspapers. All activities are in the Basque language. Web-site – http://www.euskalherria-donbas.org 175 Web-site – http://madrid.antifa.es/, https://twitter.com/antifamadrid, https://es- es.facebook.com/AntifaMadrid 176 Founded in 1992, has offices in major Spanish cities. 177 Its stated objectives are the fight against manifestations of racism, xenophobia, discrimination on the grounds of nationality, https://sosracismo.eu/ 178 Its stated objectives are the fight against racism, extremism, and violence, facilitation of civil solidarity, tolerance, respect for human rights, social integration of migrants. Web-site: http://www.movimientocontralaintolerancia.com/. 179 Coordinates work between Jewish communities and organizations, and the Spanish State. 234

Tajikistan The authorities of the Republic of Tajikistan generally oppose any attempt to glorify Nazism, neo-Nazism or other contemporary forms of racism, racial discrimination, xenophobia and related intolerance. Tajikistan is a co-author of the Russian traditional resolution of the UN General Assembly titled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance." The authorities and the public of the Republic of Tajikistan have always held commemorative events dedicated to the Victory Day of the Soviet people in the Great Patriotic War at high level. Veterans' and public organizations of the Republic of Tajikistan regularly carry out restoration works at the burial places of the participants in the Great Patriotic War. No cases of desecration or demolition of monuments honouring those who fought against Nazism during the Second World War or those who became victim of those tragic events have been revealed in the Republic of Tajikistan. All attempts aimed at using the Internet and social networks to disseminate racist, neo-Nazi and hateful ideas, to organize violent rallies and protests, to raise funds, as well as to recruit new members of neo-Nazi and racist groups and organizations are regulated by the criminal laws of the Republic of Tajikistan. The country's leadership does not pursue a policy of bringing anti- fascist veterans to justice. Moreover, anti-fascist veterans and veterans' organizations are highly respected by both the official authorities of the Republic of Tajikistan and by younger generation of the Republic. Organization of mass commemoration initiatives, such as Immortal Regiment and St. George's Ribbon, does not require advance permission. The authorities of the Republic of Tajikistan do not obstruct the activities of veterans' organizations and NGOs that oppose neo-Nazism, the glorification of Nazism and racism. 235

The laws of the Republic of Tajikistan prohibit the activities of extremist and radical nationalist parties and impede all types of dissemination of hate massages and ideas based on racial or ethnic superiority theory on the Internet and in the mass media. The Republic of Tajikistan implements a policy directed against all forms of racial discrimination, promotes mutual understanding among the peoples living within the country, and proclaimed commitment to the principles of equality of all citizens, stateless persons and other groups. The legislation of the Republic of Tajikistan based on principle of equality and freedom condemns racial discrimination in all its manifestations. All persons are equal before the law, irrespective of ethnicity, race, gender, language, faith, political opinions, social status, education or assets (article 17 of the Constitution of the Republic of Tajikistan). National legislation covers rights and freedoms irrespective of ethnicity, race, gender, language, faith, political opinions, education, social status or assets. According to article 39 of the Constitutional Act on Elections to the Majlis-i Oli of the Republic of Tajikistan (the upper chamber of the Parliament of the Republic of Tajikistan), when canvassing for votes, there may be no use of methods of psychological, physical or religious intimidation, abuse of the freedom of the media, incitement of social, racial or ethnic hatred or animosity. According to article 16 of the Citizens' Appeals Act, any citizen who submits a claim or complaint that contains slander or insults, or that is intended to incite ethnic, racial, regional or religious animosity, is liable to prosecution in accordance with the legislation of the Republic of Tajikistan. According to article 37 of the Information Act of the Republic of Tajikistan, the use of information that undermines the constitutional order, State security and cybersecurity for the purposes of fomenting racial, ethnic, local, 236 religious or linguistic discord or war or information that advocates violence, terrorist and extremist activity, social animosity is prohibited. Article 6 of the Security Act of the Republic of Tajikistan defines any form of political extremism, including the fomenting of social, racial, ethnic, religious, ideological, local and group animosity or discord, as a threat to security. Article 15 of the Voluntary Associations Act of the Republic of Tajikistan prohibits the establishment and operation of any voluntary association that advocates racial, ethnic, social or religious animosity or that calls for the violent overthrow of the constitutional order and the formation of armed groups. Article 3 of the Legal Status of Foreign Nationals Act of the Republic of Tajikistan stipulates that foreign nationals in Tajikistan are equal before the law, irrespective of their origin, social status or assets, race or ethnicity, gender, education, language, attitude to religion, type or nature of occupation or other circumstances. Articles 35 (2) and 374 of the Code of Administrative Offenses of the Republic of Tajikistan provide that the purpose of administrative punishment must not be to debase the dignity of an offender, or to cause a natural person who has committed an administrative offense physical or moral pain and suffering, or to intimidate, discriminate in any way against or degrade the individual, or to damage the business reputation of a legal person which has committed an administrative offense. According to article 9 of the Penal Enforcement Code of the Republic of Tajikistan, when determining the procedure and conditions for the enforcement of sentences, the social or official status and property of convicted persons, their political opinions, the type and nature of their occupation, their racial and ethnic origin, citizenship, education, language, attitude to religion and other factors are not taken into account. 237

Article 1 of the Family Code of the Republic of Tajikistan prohibits any kind of restriction of the rights of citizens at the time of marriage or in family relations on grounds of social, racial, ethnic, linguistic or religious affiliation. Article 143 of the Criminal Code of the Republic of Tajikistan establishes responsibility for the deliberate direct or indirect violation or restriction of rights and freedoms or the establishment of direct or indirect privileges for citizens on the basis of gender, race, ethnicity, language, social origin, personal, property or occupational status, place of residence, attitude to religion, beliefs, membership of political parties or public associations. On the international stage, the Tajik authorities implement a strict policy of unacceptability of any forms of racial discrimination, manifestations of the glorification of Nazism and the revision of the results of the Second World War. Thus, for example, in anticipation of the 73rd anniversary of the Victory in the Great Patriotic War, the Republic of Tajikistan participated in the joint statement of permanent representatives of a number of CIS countries to the OSCE, saying: "Mindful that the desire to put the racial supremacy theory into practice was one of the driving motives of the Second World War, we are alarmed by the growing tension and confrontation within the OSCE space, the revival of the Nazi ideology, accompanied by the equally alarming spread of aggressive nationalism, racism, discrimination, intolerance and xenophobia. We need to show resolve and be uncompromising in countering these trends." In May 2017, the National Museum of Tajikistan with the assistance of the Russian Central Museum of the Great Patriotic War organized the exhibition titled "We were together in the fight against Nazism" that garnered significant attention in the Republic of Tajikistan. In general, it can be clearly stated that Tajikistan is a consistent supporter of efforts of the international community in combating manifestations of Nazism, xenophobia and other forms of racism.

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Turkmenistan The authorities and population of Turkmenistan respect the memory of soldiers and homefront workers who died in the fight against Nazism during the Great Patriotic War. Turkmenistan regularly co-sponsors the traditional Russian resolution of the UN General Assembly titled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance." Therefore it is quite natural that, in the territory of Turkmenistan, there are no records of attempts to glorify the Nazi movement, neo-Nazism and former members of the SS Nazi organization, revise the outcomes of World War II, erect monuments and memorials in honour of the Nazis and their accomplices, hold demonstrations to praise Nazism, etc. No cases of using the Internet and social media to disseminate racist, neo- Nazi and hateful ideas, to organize violent rallies and protests, to raise funds or to recruit members for neo-Nazi and racist groups and organizations have been recorded either. There is no direct legal ban on the Red Army or USSR symbols in Turkmenistan. There have been cases when local police officers asked car drivers to pull over and told them to take down St. George's ribbons from their cars. According to the Turkmen law enforcement agencies, this has to do with strict rules regarding cars' exterior appearance, rather than with prejudice against the abovementioned symbols. There are no records of any activity by extremist and radical nationalist parties or racist and xenophobic movements and groups in Turkmenistan. Pursuant to the Criminal Code of Turkmenistan, spread of ideas of racial superiority as well as incitement to racial discrimination and all acts of violence committed on such grounds constitute an offence that falls under the category of 239 crimes against the State. Besides, committing crime on the grounds of racism is considered an aggravating circumstance. Article 177 of the Criminal Code of Turkmenistan prohibits deliberate acts aimed at inciting social, national, ethnic, racial or religious hatred and discord, insulting national dignity, as well as at propaganda of exceptionality or inferiority of citizens on the basis of their attitude to religion and social, national, ethnic or racial affiliation. Article 168 of the Criminal Code of Turkmenistan establishes criminal responsibility for genocide, i.e. deliberate acts that are committed with a view to fully or partially destroying any national, ethnic, racial or religious group and take the form of killing members of such group or inflicting bodily harm on them, creating living conditions that lead to its full or partial extermination, forcible prevention of births or transfer of children of the group to another group. Such acts fall under the category of crimes against peace and security. There is no specific legal ban on organizations and movements encouraging racial discrimination and praising the Nazi ideology in Turkmenistan. Pursuant to Article 275 of the Criminal Code of Turkmenistan, such acts are qualified as organization of a criminal association or participation therein.

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Ukraine A whole range of manifestations and signs of neo-Nazism are recorded in Ukraine, including consistent government-level whitewashing and glorification of Nazism and Nazi collaborators of the World War II period, the policy of falsifying its history, the state authorities' systemic measures to erase the memorable date of 9 May – the day of the USSR's victory over the German Nazis – from the history of the Ukrainian people, rapid legitimization of radical nationalists and their appointment to governmental posts, cleansing and punitive operations with the use of force against those who are labelled as engaged in "anti-Ukrainian activities". Official Kiev continues to pursue the policy of glorification of activists who participated in the so-called national liberation movement in the 1940- 1950s – members of Ukrainian nationalist formations – as "anti-communism fighters for the freedom of the Motherland." Special attention is devoted to rendering state support to them. One of the first legal acts adopted by the acting authorities in Kiev after the 2014 coup d'état was law №314-VIII of 19 April 2015 "On the legal status and honouring of fighters for Ukrainian independence in the twentieth century." This document lists a whole number of organizations that are legislatively recognized as fighters for independence. Among them are the Ukrainian Insurgent Army (UPA) and the Organization of Ukrainian Nationalists (OUN), which were Nazi collaborators during World War II. Besides, the abovementioned law provides legal framework for rehabilitation of UPA and OUN members and establishes criminal responsibility for denial of their role in the crimes perpetrated in 1940-1950s. In December 2018, an amendment to the law "On the status of war veterans and guarantees of their social protection" (№2640-VIII) was adopted, essentially equating collaborators as "participants in the fight for freedom of Ukraine in the 20th century" and veterans who fought for the anti-Hitler 241 coalition.180 The legal act was adopted at the initiative of Roman Shukhevych's son – Yuri Shukhevych, member of parliament representing the . The Azov nationalist battalion, which has become part of the National Guard of the Ministry of Internal Affairs of Ukraine, openly declares its adherence to the ideas of Nazism. In August 2017, Deputy Commander of the National Guard of Ukraine General Yaroslav Spodar in his interview to the Ukrainian News Agency basically justified adherence to Nazism stating that "the members are interested in history, there is nothing wrong with it. Perhaps, their views on the German national socialist movements are different. And there is nothing wrong with it either."181 Noteworthy is that this statement of the senior official did not receive a proper response neither from the country's authorities nor from the public. In September 2018, Speaker of the Verkhovna Rada Andrii Parubii, speaking live on the ICTV local channel, called Hitler "the biggest person who ever practiced direct democracy."182 In July 2018, the Parliament organized a thematic exhibition on the occasion of "the 77th anniversary of the Act on Restoration of the State of Ukraine" of 30 June 1941, which created a protectorate under Hitler's control in the territory of and set its course for cooperation with Nazi Germany. The exhibition was dedicated to the activities of OUN leaders Stepan Bandera and Yaroslav Stetsko and Commander of the Nachtigall Battalion Roman Shukhevych in the early period of World War II.183

180 Shukhevych Amendment. How Rada provided benefits to participants of Holocaust and Volhynian massacre (Поправка Шухевича. Как Рада ввела льготы участникам Холокоста и Волынской резни). Strana.UA. 6 December 2018. https://strana.ua/news/175244-vekhovnaya-rada-predostavila-status-uchastnikov-boevykh- dejstvij-bojtsam-upa-oun-uvo-polesskaja-sech-i-unra-sut-zakona.html 181 Ukrainian National Guard Command says there is nothing wrong with expressing affection for Hitler. (Командование Нацгвардии Украины назвало нормальным выражение симпатий Гитлеру). Politnavigator. 17 August 2017. https://www.politnavigator.net/komandovanie-nacgvardii-ukrainy-nazvalo-normalnym- vyrazhenie-simpatijj-gitleru.html 182 Parubii reminds of Hitler's direct democracy (Парубий вспомнил о прямой демократии Гитлера). Korrespondent.net. 4 September 2018. https://korrespondent.net/ukraine/4007639-parubyi-vspomnil-o-priamoi- demokratyy-hytlera 183 News item "Exhibition titled 'Restoration of Ukraine's statehood during World War II' opens on the occasion of the 77th anniversary of the Act on Restoration of the State of Ukraine of 30 June 1941" ("К 77-й годовщине 242

Director of the Ukrainian Institute of National Remembrance (UINR) Volodymyr Viatrovych has introduced the practice of falsifying history aimed particularly at justifying members of collaborationist organizations. The Institute organizes regular events to honour OUN and UPA fighters. In the beginning of 2017, the Institute announced the launch of its propaganda project titled "UPA: Response of the People Unbowed" on the occasion of the 75th anniversary of the establishment of that formation. The UINR management characterized it as an anti-Nazism organization, despite the fact that more than 70 per cent of UPA officers were former Nazi accomplices – fighters of collaborationist units – and its commanders until 1943 were part of Schutzmannschaft, Nazi auxiliary police. According to the UINR report for 2018, events (photo exhibitions, lectures, seminars) to popularize activities of UPA fighters were held in educational institutions, military units and state agencies in the framework of the "UPA: Response of the People Unbowed" project. Besides, the UINR vended a board game that glorifies members of Bandera underground groups.184 The Institute reproduces "insurgent decorations", which are awarded to "members of the Ukrainian liberation movement" and relatives of deceased "liberators". Thus, in December 2017, in the city of , servicemen of the German auxiliary police (Hilfspolizei) who participated in mass shootings of Jews were posthumously awarded Military Crosses of OUN-UPA Knights at the UINR initiative.185 On 1 February 2019, a

Акта восстановления Украинского государства 30 июня 1941 года представлена экспозиция «Восстановление украинской государственности в условиях Второй мировой войны»"). Web-site of the Verkhovna Rada of Ukraine. 3 July 2018. https://rada.gov.ua/ru/news/Novosty/Soobshchenyya/160401/html; Exhibition in honour of 'Nachtigall' and Jew bashing opens in Ukraine's Rada (В Раде Украины открыта выставка «во славу» «Нахтигаля» и еврейских погромов). EurAsiaDaily. 5 July 2018. https://eadaily.com/ru/news/2018/07/05/v-rade-ukrainy-otkryta-vystavka-vo-slavu-nahtigalya-i-evreyskih- pogromov 184 Board game on UPA struggle developed in Ukraine (В Украине разработали настольную игру о борьбе УПА). Ukrinform. 29 September 2018. https://ukrinform.ru/rubric-culture/2548034-v-ukraine-razrabotali- nastolnuu-igru-o-borbe-upa.html 185 Participants of mass shootings of Jews are decorated in (На Волыни наградили участников массовых расстрелов евреев). Glavred. 16 December 2017. https://glavred.info/life/476032-na-volyni- nagradili-uchastnikov-massovyh-rasstrelov-evreev.html 243

92-year-old UPA member was decorated with an order of Merit for Services to the Ukrainian People.186 Nationalists are given free rein in Ukraine. On 1 January (birthday of OUN head Stepan Bandera) and 14 October (the date UPA was established) torchlight processions are organized annually in a number of cities by radical nationalist groups, such as the All-Ukrainian Union "Svoboda", "C-14", "Right Sector", OUN, etc.187 In January 2019, S. Bandera's birthday was celebrated at the governmental level pursuant to the resolution of the Verkhovna Rada of Ukraine of 18 December 2018 "On celebrating memorable dates and anniversaries in 2019". Similar events to honour the Galicia SS Division are regularly held in Western Ukraine on 28 April.188 Nationalist and neo-Nazi organizations disseminate their ideology via the Internet. Particularly, this is noted in the report by Human Rights Watch, which draws attention to the impunity enjoyed by local radicals who promote ideas of the Ukrainians' superiority over other nations; the report is available on the web- site of the Human Rights Protection Group.189 According to a report by the Joint Jewish Community published in February 2019 on the JewishNews web-site190, the official statistics on manifestations of anti-Semitism do not reflect the real situation. Also

186 92-year-old UPA soldier decorated with Chernovil Order (92-річного воїна УПА зі Самбірщини нагородили орденом імені Чорновола). Львiвский портал portal..ua. 2 February 2019. https://portal.lviv.ua/news/2019/02/02/92-richnogo-voyina-upa-zi-sambirshhini-nagorodili-ordenom-imeni- chornovola 187 See, for instance, "UPA march held by nationalists in the center of Kiev" (Националисты провели в центре Киева Марш УПА). Censor.net. 14 October 2018. https://censor.net.ua/news/3091361/natsionalisty_proveli_v_tsentre_kieva_marsh_upa_videofotoreportaj 188 March on the occasion of the 75th anniversary of Galicia Division held in Lviv (Во Львове провели марш в честь 75-летия дивизии "Галичина"). LB.ua. 28 April 2018. https://lb.ua/news/2018/04/28/396506_lvove_proveli_marsh_chest.html; March to honour SS Galicia Division held in Lviv" (Во Львове прошел марш в честь дивизии СС "Галичина"). Strana.UA. 28 April 2018. https://strana.ua/news/138571-vo-lvove-proshel-marsh-v-chest-divizii-ss-halichina-vjatrovich-vozmushchen- .html 189 Human Rights Watch dissatisfied with Ukraine (Україною не задоволені в Human Rights Watch). Web-site of the Kharkiv Human Rights Protection Group. 21 January 2019. http://khpg.org/index.php?id=1548082939 190 Report on anti-Semitism in Ukraine for 2018 (Отчет по антисемитизму в Украине за 2018 год). Joint Jewish Community of Ukraine. JewishNews web-site. 11 February 2019. https://jewishnews.com.ua/community/otchet-po-antisemitizmu-obedinennoj-evrejskoj-obshhinyi-ukrainyi-za- 2018-god 244 noteworthy is that the document points to a direct correlation between the growing number of cases of anti-Semitism and the state policy aimed at glorifying Nazi accomplices. Educational literature is adjusted in line with the official interpretation of history. History is being rid of facts evidencing that Ukrainian nationalists collaborated with the Nazis. Thus, the Ministry of Education and Science demanded a recall of history textbooks for 10-11 grades that tell about cooperation of UPA commander Roman Shukhevich as well as Roland and Nachtigall Battalions with the Nazi Army during World War II. New textbooks are planned to be drawn up to replace the old ones. A working group comprising representatives of the UINR and the so-called Center for Studies of Genocide against Ukrainian People has been entrusted with the development of a new school curriculum. Attempts at whitewashing Ukrainian nationalists have provoked harsh criticism by official Warsaw. In February 2019, Embassy of Poland in Kiev sent a note of protest to the MFA of Ukraine in connection with the inscriptions on the memorial plaque put up in Huta Pieniacka, , which imply that responsibility for the extermination, in 1944, of Poles living in the settlement rests with the German Secret Police, not the Galicia SS Division. Alongside the rehabilitation of the Nazis and their accomplices, attempts are made to denigrate soldiers of the Soviet Army, going as far as to blame them for the crimes perpetrated by Hitlerites. One of the objects of such attempts was the tragedy that happened in March 1943 in Koryukivka settlement, Chernihiv Oblast, where Nazis carried out a punitive operation killing almost the entire local population. Publications in the media on the occasion of the 75th anniversary of the slaughter presented the account of the event so as to make it seem that the civilians got killed because of the partisans, who allegedly provoked the Nazis into atrocities. 245

The Ukrainian authorities continue to put up monuments and memorial plaques in honour of the OUN-UPA fighters. Thus, in August 2016, a monument to Stepan Bandera and Roman Shukhevych was erected in .191 In June 2018, the radicals put up a memorial plaque in honour of UPA soldiers in the territory of the War Glory Monument in Lviv192, and local authorities of made a decision to set up a monument to S. Bandera in the center of the city.193 As regards monuments to the Soviet Army soldiers who died in World War II, authorities, in words, speak of the need to ensure their state protection. Specifically, in 2015, Deputy Prime Minister Vyacheslav Kyrylenko spoke in support of creating a single state register for protection of such memorials. However, in reality, monuments to the Soviet Army soldiers and victims of the tragic events of World War II, including Holocaust, regularly become targets for attacks by far-right radical and nationalist groups.194 In March 2017, in Odessa, activists of the far-right organization drew Nazi symbols on the obelisk in memory of participants in the battles for Odessa and the memorial stone in honour of (the Nazi symbol, which was the emblem of the SS 2nd Panzer Division, was depicted).195 In June and November 2017, radicals poured cement over the

191 Monument to Bandera and Shukhevych put up in Cherkasy(В Черкассах установили памятник Бандере и Шухевичу). Styler. RBC-Ukraine. 11 August 2016. https://styler.rbc.ua/rus/zhizn/cherkassah-ustanovili- pamyatnik-bandere-shuhevichu-1470915581.html 192 National Corps moves UPA Monument in Lviv which was put up by People's Movement of Ukraine on the spot for future gas station (У Львові Нацкорпус переніс пам’ятник УПА, який «рухівці» встановили замість майбутньої заправки) Львiвский портал portal.lviv.ua. 28 June 2018. https://portal.lviv.ua/news/2018/06/28/u-lvovi-natskorpus-perenis-pam-yatnik-upa-yakiy-ruhivtsi-vstanovili- zamist-maybutnoyi-zapravki 193 Monument to Bandera to be erected in Zhytomyr (В Житомире установят памятник Бандере). Ukraina.ru. 5 June 2018. https://ukraina.ru/news/20180605/1020441368.html 194 For more information see, for instance, "Ukraine as a hotbed of neo-Nazism in Europe" ("Украина как источник неонацизма в Европе") by the Anti-Fascist Human Rights League, a Ukrainian NGO. Kiev, 2018. 195 Young 'Svoboda' members drew Nazi symbols on monuments in Odessa (Молодые «свободовцы» изрисовали одесские памятники нацистской символикой). Timer-Odessa web-site. 1 March 2017. http://timer- odessa.net/news/molodie_svobodovtsi_izrisovali_odesskie_pamyatniki_natsistskoy_simvolikoy_813.html. 246

Eternal Flame in the Park of Glory in Kiev.196 In June and July 2018, members of the C-14 extremist organization desecrated the grave of Soviet intelligence agent Nikolai Kuznetsov and the Monument to the Fallen Red Army Soldiers in Lviv.197 In January 2019, the local Lviv authorities pulled down the Glory Monument.198 In April 2018, unknown persons desecrated the Monument to the Grieving Mother and monument to the victims of Nazism in the Oblast. They wrote 'Heil Hitler' on the memorial plaques and drew the Nazi swastika.199 Simultaneously, the monument to General Nikolai Vatutin was desecrated in Kiev.200 In the meantime, Ukraine introduces new legal bans on symbols of the Red Army and the USSR, obstructs veterans and activists of anti-fascist movements in organizing commemorative events to celebrate Victory Day, and NGOs engaged in combatting the glorification of Nazism, neo-Nazism and racism are persecuted. On 21 May 2015, the Verkhovna Rada adopted the so-called law on decommunization (№317-VIII "On the condemnation of the communist and national socialist (Nazi) totalitarian regimes in Ukraine, and prohibition of propaganda of their symbols"). This law applies to all Soviet symbols (flags, hammer and sickle emblems, and the Red Star).

196 Cement poured over Eternal Light in Kiev again (В Киеве Вечный огонь снова залили цементом). Gordon. GORDONUA.COM. 20 November 2017. https://gordonua.com/news/localnews/v-kieve-vechnyy- ogon-snova-zalili-cementom-218068.html. 197 Grave of Soviet intelligence officer again desecrated in Lviv (Во Львове повторно осквернили могилу советского разведчика на Холме Славы). Strana.UA. 30 July 2018. https://strana.ua/news/153635-vo-lvove- natsionalisty-s14-razrisovali-mohilu-sovetskoho-soldata-.html 198 Dismantlement of Glory Monument is underway in Lviv (Во Львове приступили к демонтажу Монумента Славы). Korrespondent.NET. 23 January 2019. https://korrespondent.net/city/lvov/4056941-vo-lvove- prystupyly-k-demontazhu-monumenta-slavy 199 Vandals desecrate Grieving Mother Monument in Poltava (Вандалы осквернили памятник Скорбящей матери в Полтаве). Censor.NET. 23 April 2018. https://censor.net.ua/photo_news/3062744/vandaly_oskvernili_pamyatnik_skorbyascheyi_materi_v_poltave_fot o 200 "On your knees, Communist bastards!" How nationalists attacked Vatutin in Kiev on Friday 13th (Коммунистические шкуры, станьте на колени!" Как националисты в пятницу 13-го атаковали Ватутина в Киеве). Strana.UA. 13 April 2018. https://strana.ua/news/135522-s14-u-pamjatnika-vatutinu-v-kieve- 13042018-vse-podrobnosti.html 247

In May 2017, the Parliament adopted Law №2031-VIII "On additions to the Code on Administrative Offences of Ukraine concerning the prohibition, production and propaganda of the St. George's ribbon (the Guards ribbon)", which established administrative liability (fines and arrest) for its production and wearing in Ukraine.201 Besides, production and distribution of symbols of the "communist regime" have been recognized as elements of crime under the Criminal Code of Ukraine. A penalty of up to five years of imprisonment is envisaged for violation of the relevant provisions. If such acts are committed by a group of persons or a government official or involve the media, a penalty of five to ten years of imprisonment applies. Nationalists and far-right radicals annually disrupt events organized to celebrate Victory Day and other memorable dates. Authorities usually do not suppress such unlawful acts. For instance, in May 2017, leader of the OUN nationalist organization Nikolai Kokhanivsky announced on his social media page the event under the name "Mortal Regiment", which was meant to obstruct the "Immortal Regiment" procession in Kiev202. In April 2018, nationalists attacked citizens who came to lay flowers at the monument to General Nikolai Vatutin in Kiev.203 Head of the Anti-Fascist Human Rights League Yelena Berezhnaya, who fights against unlawful renaming of streets in Kiev after Nazi accomplices, exposes cases of neo-Nazism and anti-Semitism in the country and the authorities' connivance. Activities of radicals receive no response from law

201 Poroshenko to sign law banning St. George's ribbons (Порошенко подпишет закон о запрете георгиевских ленточек). RIA Novosti Ukraina. 21 May 2017. https://rian.com.ua/politics/20170521/1024236829.html 202 OUN threatens to organize 'Mortal Regiment' in Kiev on 9 May (ОУН грозит устроить на 9 мая в Киеве акцию "Смертельный полк"). Strana.UA. 3 May 2017. https://strana.ua/news/68929-ne-dopustim-vatnogo- shabasha-9-maya-oun-grozit-sorvat-shestvie-v-kieve.html 203 "On your knees, Communist bastards!" How nationalists attacked Vatutin in Kiev on Friday 13th (Коммунистические шкуры, станьте на колени!" Как националисты в пятницу 13-го атаковали Ватутина в Киеве). Strana.UA. 13 April 2018. https://strana.ua/news/135522-s14-u-pamjatnika-vatutinu-v-kieve- 13042018-vse-podrobnosti.html 248 enforcers. Moreover, criminal proceedings were instituted against Yelena Berezhnaya in connection with her human rights work.204 In November 2018, the Lviv City Council decided to stop financing the Local Council of the Great Patriotic War Veterans.205 Apart from neo-Nazi formations, ultranationalist organizations are operating on a legal basis in Ukraine. Such groups as the Right Sector, the National Corps, the All-Ukrainian Union "Svoboda" are represented in the Ukrainian parliament by their leaders D. Yarosh, A. Biletsky, and A. Ilyenko. Nationalists from the All-Ukrainian Union "Svoboda" also hold a considerable number of positions in the local government bodies. Head of the C-14 extremist organization Y. Karas is a member of the Civil Oversight Council of the National Anti-Corruption Bureau of Ukraine.206 Attacks against representatives of ethnic minorities have become routine. As indicated in the report by the Office of the United Nations High Commissioner for Human Rights (OHCHR), only in the period from 16 August through 15 November 2018, 14 cases of violence and intimidation against representatives of ethnic minorities were recorded. Six of them were instigated by members of far-right radical groups, which, as highlighted in the document, act with impunity. In this regard, it is emphasized, that "the atmosphere of insecurity is created in the country."

204 SBU raids the house of Berezhnaya's mother (СБУ пришла с обыском к матери Бережной). Ukrainskaya Pravda. 6 November 2018. https://www.pravda.com.ua/rus/news/2018/11/6/7197418/; Human rights activist Yelena Berezhnaya attacked and arrested in Kiev (В Киеве избили и арестовали правозащитницу Елену Бережную). Antifashist news agency. 9 May 2018. http://antifashist.com/item/v-kieve-izbili-i-arestovali- pravozashhitnicu-elenu-berezhnuyu.html#ixzz5kiE5VBWQ; Antiseptic green dye splashed in the face of Yelena Berezhnaya in her own apartment in the presence of the police (Елену Бережную в присутствии полиции облили зеленкой в собственной квартире). NewsOne. 1 June 2018. https://newsone.ua/news/politics/elenu- berezhnuju-v-prisutstvii-politsii-oblili-zelenkoj-v-sobstvennoj-kvartire.html 205 Lviv City Council decision to stop financing Veterans Council has all the earmarks of a political step (Решение Львовского горсовета перекрыть финансирование Львовской организации ветеранов имеет все признаки политического). "Успiшна Варта" human rights platform. 23 November 2018. https://uspishna- varta.com/ru/opinions/reshenie-lvovskogo-gorsoveta-perekryt-finansirovanie-lvovskoj-organizacii-veteranov- imeet-vse-priznaki-politicheskogo# 206 C14 and NABU: Nationalist control over Ukraine (С14 и НАБУ: Нацистский контроль над Украиной). Ukraina.ru. 31 May 2018. https://ukraina.ru/exclusive/20180531/1020423731.html 249

According to the OHCHR, on 19 August 2018, a group of about 30 persons attacked activists who were holding an event dedicated to combatting discrimination in the country. Regular attacks against Roma settlements occur in western Ukraine, in Kiev and other cities. In April 2018, C-14 radicals destroyed Roma camp located on the Lysa Hora hill in Kiev. It is said that, in response to complaints of victims, law enforcers recommended that they abandon the territory of their settlement. It was only under the pressure of the Amnesty International that criminal proceedings were initiated. In May 2018, Roma camps were burnt down in the (Velyka Berezovytsia) and Lviv (Rudne) Oblasts. In June 2018, underage neo-Nazis from the "Sober and Evil Youth" group carried out an armed attack against a Roma settlement, one person was killed. According to the media, the group's YouTube account until 24 June 2018 was called "Lemberg Jugend" (by analogy with Hitler-Jugend). Besides, the group allegedly has a Telegram account where it has posted dozens of quotes from Hitler. Ukraine, being a member of the Council of Europe, has ratified a number of international conventions on combatting racism, intolerance and xenophobia. Among them is the Convention on Cybercrime, which deals with criminalizing acts of racist and xenophobic nature committed by means of computer systems. Multiple cases of incitement to inter-ethnic and racial hatred via the Internet are registered. Besides, there are some characteristic web-sites (http://buntokratia.com, http://catars.is, http://acrains.com) where Ukrainian far- right and nationalist organizations publish materials of racist and anti-Semitic character.207 Instead of suppressing the manifestations of various forms of intolerance and xenophobia in the country, the authorities prefer to turn a blind eye to

207 Ukrainian nationalists spread out on the Internet (Украинские националисты начали расползаться по сети). Strana.UA. 17 September 2018. https://strana.ua/opinions/161506-ukrainskie-natsionalisty-nachali- raspolzatsja-po-seti.html 250 radicals' and extremists' unlawful acts. In fact, certain radical groups enjoy state support. Thus, in 2018, the Ukrainian government gave the All-Ukrainian Union "Svoboda" and "C-14" far-right and ultranationalist organizations grants of more than one million hryvnas for implementation of their projects under the guise of "patriotic education of the youth". Ukrainian human rights organizations note an increase in cases of xenophobia and violence against foreigners on the part of law enforcement agencies. The practice of detentions, arrests, and document inspections on the grounds of racial and ethnic affiliation remains widespread. Since 2014, Ukraine has consistently voted against (in the past couple of years Ukraine and the United States are the only two countries voting against) Russia's annually submitted resolution of the UN General Assembly titled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". Until 2013, the Ukrainian delegation had always abstained, i.e. it has never voted in support of the resolution. 251

The United Kingdom In the first part of the XX century, the UK political saw the emergence of the far-right trends that were underpinned by some internal and external factors. The increasing popularity of the far-right ideas in the UK was directly corroborated by the UK government, which deemed them as a mean to combat the spreading of in Europe. The fascist ideology flourished in the country in the 1930s when a number of new organizations, including anti- Semitic ones, emerged. The British Union of Fascists formed in 1932 turned out to be the most prominent. The Second World War began, and Britain listed all pro-fascist organizations as prohibited. The new stage of decolonization and eventual collapse of the British Empire had served as a breeding ground for the far-right movements who took over the baton. It resulted in skyrocketing immigration in the 1950s from the former colonies, mostly from India, Pakistan, Uganda, and the Caribbean. It only left for the former metropole to admit the overwhelming flow (still stable) of representatives of various ethnicities and beliefs from the periphery who brought with them their own social and cultural background. Eventually, the far-right groups focused on the fight against immigrants flooding the country and for maintaining the traditional British lifestyle. This focus remains relevant up till now. However, it is shifting from the external to the internal aspects of British society. Recently those factors have been supplemented by the evolving discussions on membership in the European Union. They reached their height on June 21, 2016, the day of the Brexit referendum. British political correctness of the modern days prefers to cast the sensitive issue of neo-Nazi organization activity in the country aside. Meanwhile, the far-right that are prone to identify themselves as "genuine conservatives" continue to stand up for the unity of Great Britain as a successor 252 of the empire in every way: the unity of territory, culture, and race. The British citizens tired of migrants flooding the country find these ideas rather appealing. The British far-right and nationalist organizations are mainly fringes in their nature. They focus on the activity on the Internet and high-profile public campaigns in such major cities as London, Birmingham, Manchester, Liverpool, and Belfast. The British (BNP) established in 1982 remained the most prominent far-right organization until recently. It opposes mass migration to the country and berates the emergence of "federal super-state in Europe," that is the European Union. For a long time, the BNP has been advocating for preserving the values of the white British family, and closing the borders for migrants and sending back those who had already sneaked into the country. Its supporters have often promoted anti-Semitism ideas and claimed that the Holocaust was a historical hoax. The BNP aims to unite the far-right world-wide and particularly in Europe. During the 2009 European Parliament election, the BNP won two seats that is perceived as its best political success so far. The BNP continues to claim leadership among British nationalists. However, the intra-party discord resulted in the decrease of its officially registered members from 13,500 in 2009 to 500 in 2019 (the BNP representatives argue that the number of its supporters amounted to 3,000 in early 2019). formed in 2011 by former members of the BNP is yet another British neo-Nazi organization that is worth noticing. It strongly opposes the shifting of the United Kingdom towards Islam and mass migration to the country. Its supporters declare that their primary goal is to protect traditional British lifestyle, ethnic and cultural heritage and Christianity. The party advocates the speedy Brexit for the purpose of "saving the society from the politically correct multicultural madness prevailing in Europe." The Party structure includes a battle action force called the Party "Defence Force." 253

This organization attracted attention in 2014 with its provocative acts against Muslims in London, , and Luton (attacks on mosques, forcing of leaflets with anti-Muslim propaganda upon the unsuspecting audience, carrying out protest actions close to the residences of the local community leaders). On top of that, Christian patrols of up to 12 activists were put together in London to counter Islamic extremism (the clergy of both the Muslim community and the Church of England accused their actions)208. In 2016, the organization was accused of being involved in the murder of , member of the House of Commons in the British Parliament. The perpetrator of the crime, Thomas Mair, 52, a former patient of a psychiatric hospital allegedly shouted "Britain First" during the meeting209. The far-right group issued an official statement where denied its involvement in the crime.210 On September 20, 2017, the Kent police arrested the leaders of the organization and after being found guilty of religiously-aggravated harassment. According to law enforcement, they disseminated the assaulting photos and video footage in Canterbury and Thanet. November 7, 2017, Mr. Golding was sentenced to a 120-day suspended prison sentence and ordered to carry out 200 hours of unpaid community work.211 On November 19, 2017, London police arrested Ms. Fransen over employing nationalist statements while addressing activists of a Northern Ireland organization in August 2017212. December 2017, Mr. Golding was taken into custody in Belfast for similar actions213.

208 https://www.dailymail.co.uk/news/article-2552894/We-CHRISTIAN-patrol-Far-right-thugs-swill-Stella- outside-east-London-mosques-bid-confront-Muslims-obiect-behaviour.html 209 https://www.independent.co.uk/news/uk/home-news/io-cox-murder-trial-tommy-mair-britain-first-thomas- mp-killer-court-latest-a7416021.html 210 https://www.independent.co.uk/news/uk/home-news/io-cox-shot-dead-britain-first-denies-involvement- labour-mp-birstall-shooting-stabbing-attack-a7086001.html 211 https://www.independent.co.uk/news/article-5059083\Leader-far-right-group-Britain-spared-jail.html 212 https://www.bbc.co.uk/news/uk-northern-ireland-42040719 213 https://www.bbc.co.uk/news/uk-northern-ireland-42351026 254

March 7, 2018, the court found Mr. Golding and Ms. Fransen guilty of actions inciting racial hatred and sentenced them to imprisonment for 18 and 36 weeks respectively214. Lately, the rapidly gains its political authority. It has emerged spontaneously in the form of a social movement following a counter-demonstration held in March 2009 against an Islamic group "al- Muhajireen" that had protested as the British military personnel paraded through Luton on its return from Afghanistan215. This informal, mostly youth movement openly opposes the country "Islamisation." Among its major activities are marches and parades, public protests against the construction of new mosques and other features of Islam cultures imposed on the British. On March 15, 2019, Wellington (Shropshire) authorities suspended a national march against the Islamisation of the country scheduled by the English Defence League on March 16, 2019 (with expected participation of around 50 activists) out of respect for those murdered in the terrorist attack in New Zealand on March 15, 2019 and their families. Mid-December 2018, six people were sentenced to imprisonment for a term from 5.5 to 6.5 years for participation in the activities of National Action, far-right organization proscribed in the United Kingdom, and on suspicion of plotting terrorist attacks216. In December 2016, under the , this organization was listed as a proscribed terrorist organization. In 2015-2017, the youth wing of the organization conducted several marches in Liverpool (involving up to 100 people) that allegedly featured the participation of

214 https://www.theguardian.com/world/2018/mar/07/britain-first-leaders-convicted-of-anti-muslim-hate-crimes 215 http://news.bbc.co.uk/l/hi/8250017.stm 216 https://www.cps.gov.uk/cps/news/members-banned-british-neo-nazi-group-jailed 255 representatives of other far-right groups (English Defence League, Britain First) and football fans from Poland.217 September 2017, the West Midlands police arrested four members of the British Armed Forces on suspicion of involvement in the National Action activities and plotting of terrorist attacks. Moreover, according to law enforcement, the supporters of this group could have been involved in the , member of the House of Commons.218 In April-May 2015, several protests outside the US embassy were held by the UK branch of the pan-European neo-Nazi organization Misanthropic Division that acted in support of Gary Yarbrough, an active member of the US neo-Nazi organization The Order.219 Each year on September 23, 1993, the United Kingdom hosts a concert to commemorate , the founder of the neo-Nazi group Blood and Honour (died in a car crash). The 2008 concert in Redhill (Somerset) was widely covered by the BBC, radio and print media. The 2013 concert dedicated to the 20th anniversary of the Donaldson death turned out to be the most massive event among the similar events in the UK for the last 15-20 years (according to estimates, it was attended by 1000-1200 neo-Nazis from all over Europe).220 The United Kingdom is a State Party to the 1995 Framework Convention for the Protection of National Minorities (ratified in 1998). The London officials proclaim "respect for the rights of ethnic minorities residing in the country", state that "efforts on combating discrimination, promoting ethnic culture and identity are taken on a regular basis", by all means support "nationally provided guarantees of their rights and freedoms, including access to education and media, protection of languages of minorities and their participation in the public life".

217 https://www.independent.co.uk/news/uk/home-news/edl-english-defence-league-anti-fascists-clash- police-london-britain-first-birmingham-a7807401.html 218 https://www.ft.com/content/c10397d6-9229-11e7-bdfa-eda243196c2c 219 https://libcom.org/news/neo-nazi-groups-protest-outside-us-embassy-13052015 220 http://henryjacksonsociety.org/wp-content/uploads/2013/01/BLOOD-AND-HONOUR.pdf 256

Against this backdrop, the report on violation of ethnic minorities rights that reveals a gloomy state of affairs in combating racial discrimination and was published on August 18, 2016, by the Equality and Human Rights Commission attracted much attention in the UK.221 This document called by the experts as "the biggest ever review into race equality in the country," notes that representatives of ethnic minorities (particularly, black people) are three times more likely to be victims of crime than the white British. Unemployment rates for ethnic minorities amount to 12.9% that is two times higher than the average rate across the country. The report notes discrimination in employment: black workers with degrees earn over 23% less on average. Moreover, just 6% of school leavers from Africa or the Caribbean attend any of 24 leading universities of the UK (this rate amounts to 12% for white school leavers, and 11% for the Chinese community). On top of that, the ethnic minorities face discrimination at the stage of recruitment to judicial and law enforcement authorities. Altogether, the document concludes that over the last five years life for representatives of ethnic communities on many fronts has got worse. The Chair of the Commission Mr. Isaac stated that the "report underlines just how entrenched race inequality and unfairness still is in" the UK. According to him, "so far, the Government's economic plan since 2010 has not" managed to prevent "cutting some communities even further adrift from equality of opportunity." He notes that ethnic minorities "can often still feel like they are living in a different world, never mind being part of a one nation society." The official statistics further support this gloomy picture. According to the UK Home Office data published on October 16, 2018, the rate of hate crimes has spiked for 2017-2018. For the reporting period, there were 94,098

221 https://www.equalityhumanrights.com/en/our-work/news/widespread-inequality-risks-increasing-race- tensions-warns-commission 257 hate crime offenses recorded (an increase of 17% compared with 2016-2017 with 80,393 offenses). Most of them (71,251, or 76%) are race hate crimes (an increase of 123% compared with 2012-2013).222 According to the data published by the universities of Oxford and Cambridge in autumn 2017, 81% of their offers were sent to applicants from the top social classes of the country (compared to 79% in 2012). Moreover, 48% of students in these universities are the residents of the capital (16% come from the North, 12% – from the Midlands, 2.5% – from Wales). About 40% of students in the UK universities of highest standing are graduates from the top private schools that provide education to at most 7% of the British children.223 By contrast, the statistics show that the share of students from ethnic minorities in Oxbridge amounts to about 16% and less than 1% of their offers go to Pakistani applicants. British authorities do make statements about how crucial it is to toughen up the fight against racial profiling in the juvenile judiciary, and yet the situation keeps deteriorating. Statistics for the February 2019 indicate that black individuals aged 15 to 21 years old committed to the institutions for young offenders made up 51% of the total juvenile prison population (in 2017 this figure stood at 40%). The experts cite an array of possible reasons that drove these numbers up: local authorities, police, and mental health services are underfunded; residential property is more frequently seized from the black households, etc224. Children of immigrants from the Caribbean countries are 3.5 times more likely to be shortlisted for getting kicked out of state schools than any other students. Starting from 1999 the British police has sought to employ more people from the ethnic minorities so that the racial composition of the law enforcement

222 https://www.gov.uk/government/statistics/hate-crime-england-and-wales-2017-to-2018 223 https://www.davidlammy.co.uk/single-post/2017/10/20/Oxbridge-access-data 224 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/643001/ lammy-review-final-report.pdf 258 would be a better match for the served demographics. However, the experts maintain that this effort drudges along ever so sluggishly, which draws criticism from the very same law enforcement officers that are supposed to spearhead them. For instance, according to Sara Thornton, Chair of the National Police Chiefs' Council (coordinates the law enforcement efforts in Britain), over the course of 20 years "not a single police force in England and Wales (out of 43) has achieved the established targets – in the best case scenario we are bound to see some progress here by 2052 at the earliest"225. The UK legislation does not blacklist the far-right organizations. The operation of these movements can only be officially discontinued if they are listed as terrorist organizations under the Terrorism Act 2000226 or listed as a proscribed terrorist organization.227 In December 2016, for the first time since the Second World War, the far-right organization National Action was listed as a terrorist organization over incitement to race war and glorification of terrorism. September 2017, Scottish Dawn and National Socialist Anti- Capitalist Action were also listed as proscribed terrorist organizations since it was found out that they are just alternative names of the already banned National Action. According to the Terrorism Act 2000, an organization is concerned in terrorism if the UK authorities believe it is involved in terrorism, that means "commits or participates in acts of terrorism, prepares for terrorism, promotes or encourages terrorism (including the unlawful glorification of terrorism), or is otherwise concerned in terrorism." As soon as an organization is listed as a proscribed one a person commits offense if he belongs thereto (professes to belong thereto), supports such organization (invites support for it), or displays

225 https://www.theguardian.com/uk-news/2019/feb/22/police-leader-calls-for-laws-to-allow-positive-race- discrimination 226 https://www.legislation.gov.uk/ukpga/2000/11/contents 227 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/783067/ proscribed-terrorist-organisations.pdf 259 its marks (including clothes) and is liable to imprisonment for a term from 6 months to ten years and/or a fine. The UK combats racial discrimination and xenophobia on the basis of the Public Order Act 1986.228 This Act prohibits incitement to racial hatred and punishes (with imprisonment for a term from six months to 7 years and/or a fine) intentional stirring up of racial hatred, distribution of racially charged materials, delivery of racially inflammatory speeches, developing of racially charged websites and dissemination of information regarding an individual or an ethnic group with a view to incite racial hatred. Moreover, the Racial and Religious Hatred Act 2006229 introduces offenses "involving stirring up hatred against persons on racial and religious grounds" into the legal framework. This piece of legislation is peculiar since it defines offenses that involve stirring up hatred on religious grounds (punishable by imprisonment for a term up to 7 years and/or a fine) into the UK legislation for the first time ever. Its provisions are applicable if words, behavior, written materials, recordings of visual images or sounds or programs are threatening and intend to stir up religious hatred. In certain circumstances, this law deems religiously charged discrimination in employment as an offense. The 2010 Equality Act is yet another piece of legislation aimed at combating discrimination230. The Act prohibits harassment, victimization and any discrimination in employment performed on the basis of the following characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

228 https://www.legislation.gov.uk/ukpga/1986/64 229 http://www.legislation.gov.uk/ukpga/2006/1/contents 230 https://www.legislation.gov.uk/ukpga/2010/15/contents 260

The United States The United States that considers itself to be the creator of some kind of a new world order and, unfortunately, continues to live under the illusion of its own exceptionalism, claims the right to determine its own criteria for so called "truth" (or for the idea currently considered to be the truth), but is unable to cope with its own systemic problems that include gross violations of human rights, particularly discrimination on the grounds of race, ethnicity or religion. The FBI has defined a hate crime as a "criminal offense against a person or property motivated by an offender's bias against a race, religion, disability." These crimes also include crimes against persons with disabilities on the understanding that these acts are also motivated by resentment and prejudice. In 9 out of 10 cases, hate crimes in the United States are violent in nature, while a quarter of them are committed by using cold or fire arms. There are laws in 45 states that establish criminal liability for hate crimes. Most of this category of offenses are considered in state-level courts. Over the past few years, there has been a steady increase in hate crimes motivated by bias against racial, national, religious and other minorities in the United States. What is interesting is that this trend is confirmed by the data provided by the very U.S. authorities. Thus, according to the FBI's annual report on crime statistics in the country, law enforcement agencies reported 6,121 criminal incidents that were motivated by bias toward race, religion or ethnicity. In 2017, this figure rose to 7,175 offenses. They included: 2,458 incidents against , 1,338 incidents motivated by bias towards sexual orientation or gender identity of a victim, 864 anti-white incidents, 1,017 anti-Jewish incidents, 552 anti- Hispanic incidents, and 325 anti-Islamic incidents. The number of crimes motivated by bias toward religion rose by 23 percent. According to data 261 provided by the FBI231, the number of hate crimes increased by 4.3 percent in 2018 compared to the first half of 2017. It should be noted that, according to experts, the FBI data do not reflect the actual situation, since in most cases victims do not report to the police. Moreover, law enforcement agencies in violation of the U.S. legislation do not send statistics to the FBI and classify crimes as "domestic" offenses. Human rights organizations also note that hate crimes statistics released by intelligence agencies fails to reflect accurately the actual situation. The argument is that the report is based on data provided by state law enforcement agencies at their discretion (by notification). According to the figures provided, about 16,000 police stations were engaged in the collection of information, with only 2,000 of which made reports on hate crimes. According to the Southern Poverty Law Center (NGO), about 250,000 hate crimes have been annually committed in the United States.232 Every second victim of hate crimes does not report violence used against him or her to the police. Moreover, as emphasized by the human rights defenders, the inaccurate data annually released in the FBI report are also caused by a poor performance of police stations in collecting information or classifying an act as a "hate crime". In contrast to the FBI's statistics, the Ministry of Justice estimates that there have been 250,000 hate crime victimizations each year since 2004. According to a study carried out by the Center for the Study of Hate and Extremism at the State University, the number of offenses of racial discrimination in the ten largest cities in the United States has increased by 12.5 percent.233 According to Brian Levin, Director of the Center, the majority of Jews living in the U.S. are increasingly fearing for their own safety and

231 Preliminary Semiannual Uniform Crime Report. FBI. www.ucr.fbi.gov/crime-in-the-u.s 232 Data (based on surveys) are also confirmed by the United States Bureau of Justice Statistics. See Bureau of Justice Statistics. Hate crime victimization 2004-2015, www.bjs.gov 233 Hate Crimes Rise in U.S. Cities and Countries in Time of Division &Foreign Interference // The Center for the study of Hate and Extremism. 2018. November 5. – htpp://inside.crusb.edu 262 safety of their relatives. One of the most widely reported in the media cases occurred in Pittsburgh, , where 6 people were killed and 11 people were injured in an attack directed at the Tree of Life synagogue. Another religious incident took place in Los Angeles, California, when a driver of Arab origin attempted to run over two people of Jewish nationality near the Bais Yehuda Shull synagogue, directing insults at them. In addition to attacks and public insults, anti-Semites in the United States distribute racist leaflets, paint anti-Semitic graffiti on buildings belonging to Jewish communities, and desecrate religious symbols. New Yorkers report paintings of Swastikas at the streets. Thus, in October 2018, the banned symbol was seen at parking spaces along Manhattan Avenue, and in June 2017, swastika was engraved on the Kingsland Avenue sidewalk.234 The Anti-Defamation League (human rights NGO) noted an increase in the number of anti-Semitic incidents in the United States by almost 60 percent in 2017.235 Moreover, human rights defenders express concern about manifestations of anti-Semitism towards children, the number of which increased in New York only from 130 incidents in 2017 to 159 incidents in early 2019. According to the statistics provided by the Anti-Defamation League (NGO), 50 peoples were killed by extremists in 2018, 42 of which were shot (compared to 37 people killed in 2017). Analysts recorded 1,020 extremist organizations operating in the United States in 2018. It was unprecedented number (in 1999, 2009, 2017, there were 457, 932, 954 incidents, respectively).236 The issue of discrimination and racial harassment on the Internet is very relevant in the United States. The issue is so serious that it even international

234 Graffiti Swastikas Found Along McGuinness Boulvard// The Greenpoint Post.2018.December 3 – http://greenpointpost.com 235 Anti-Defamation League, “2017 audit of anti-Semitic incidents”. https://www.adl.org/ resources/reports/2017-audit-of-anti-semitic-incidents 236 Ibid. 263 experts are preoccupied with this phenomenon. Thus, the Pew Research Center (fact tank) noted that racial minorities were more likely than to experience racial or ethnic harassment on the Internet, while white women were more likely than men to be subjected to gender abuse on the Internet.237 Ms. Tendayi Achiume, Special Rapporteur of the UN Human Rights Council (HRC) on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, also emphasized the relevance of the problem of manifestations of racism on the Internet. In particular, it was noted that "racist hate speech, including online content sympathetic to neo-Nazi and related ideology, receives the highest level of protection related to the right to freedom of expression and opinion under its constitutional law and court jurisprudence."238 Loyalty of the U.S. authorities to many hate groups that host their sites on American Internet service providers in the United States was noted by a number of researchers/human rights activists.239 Human rights defenders also note another negative aspect of the unregulated First Amendment to the United States Constitution and the use of references to the right to freedom of expression in this context, where hateful messages on the Internet incite immediate commission of unlawful acts or pose a real threat; however, the authorities take no measures to prevent crimes. For instance, the Special Rapporteur of the Human Rights Council cites a case of , a white nationalist who was charged with killing nine black people in a church in the United States in June 2015, and who

237 Pew Research Center, “Online Harassment 2017” (July 2017) http://assets. pewresearch.org/wp- content/uploads/sites/14/2017/07/10151519/PI_2017.07.11_Online-Harassment_FINAL.pdf 238 Report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism on manifestations of glorification of Nazism, seventy-third session of the United Nations General Assembly, October 2018, A/73/312 239 Information is contained in the report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism, thirty-eighth session of the Council, A/HRC/38/53, June 2018. For details, see Peter J. Breckheimer, “A Haven for Hate: The Foreign and Domestic Implications of Protecting Internet Hate Speech under the First Amendment”, Southern California Law Review, vol. 75 (2002), pp. 1493–1528, at p. 1506. Ira Steven Nathenson, “Super-Intermediaries, Code, Human Rights”, Intercultural Human Rights Law Review, vol. 8, No. 19 (2013), pp. 96–97. 264 also published online a racist manifesto weeks before the shooting, along with photographs of himself with weapons and white supremacist related emblems.240 Radical nationalist movements in the U.S. human rights community may be divided into several main trends depending on ideology. This classification is conditional and is provided for ease of presentation of information.  Ku Klux Klan is the oldest (founded in 1865) and one of the most notorious organizations in the world that killed thousands of black people in the United States. In the , the organization had several million followers. Currently, 51 organizations (American Christian Dixie Knights of the Ku Klux Klan, Aryan Knights of the Invisible Empire, National Knights of the Ku Klux Klan, Noble Klans of America, United Klans of America, etc.) identify themselves as part of this movement of a total of 5,000-8,000 active members, according to experts. Though extremist views are not widely supported by the U.S. electorate, their partisans manage to get into the politics. Thus, John Taylor Bowles, candidate of the National Socialist Order of America, took part in the presidential race in 2008. , ultra-right politician, member of the Ku Klux Klan and anti-Semite, ran for president in 1988 and 1992. There have been recorded cases when members of this organization killed not only the African Americans, but also the Jews. Thus, in April 13, 2014, Frazier Miller, 74-year-old extremist, (founder of the White Patriot Party and a member of the Ku Klux Klan, who had already served a prison sentence for trying to organize a killing by the 1980s) organized a shooting at the Jewish Community Center in Overland Park, Kansas, and at the Village Shalom retirement center, which resulted in 3 deaths.

240 Report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism on manifestations of glorification of Nazism, seventy-third session of the United Nations General Assembly, October 2018, A/73/312 265

Ralph Northam, Governor of Virginia, was at the center of a scandal in 2019 due to a published photo. The photo made in 1984 shows two people, one with a makeup mocking a black man, while the other – in a white suit as a member of the Ku Klux Klan. Despite public calls, Ralph Northam refuses to resign. The problem of bringing to justice those who publicly speak out with racist slogans is particularly acute in the United States. Under the pretext of the First Amendment to the U.S. Constitution, they get away with it. Thus, editor of a local newspaper in Linden, Alabama, in the article titled "The Klan Needs to Raid Again" of February 14, 2019 called on the Ku Klux Klan to "clean out D.C." from those plotting to "raise taxes" in Alabama. In response to proposals to apologize to U.S. citizens for printing this article, the author said that "It's not calling for the of Americans. These are socialist-communists we're talking about". Moreover, he began to justify the Ku Klux Klan, which, as he said, "used force" only when required.  Followers of the Third Reich ideology – neo-Nazi movements. They form closed groups and are active on web forums. There are more than 110 groups adhering to this ideology, namely: American , , , National Alliance, , , National Socialist Movement241, etc. Holding provocative events, including marches in the Nazi uniform with swastikas, generally in areas with a high concentration of racial minorities, is the main tactic used by the National Socialist Movement. Thus, in November 2013, this organization together with members of the

241 The largest neo-Nazi organization in the United States. It has over 10 offices in 35 states. This movement titled the National Socialist American Workers Freedom Movement was founded in 1974 by Robert Brannen and Cliff Herrington (has its roots in the founded in 1959 by George Rockwell). In 1994, Jeff Schoep became the head of the renamed movement. The headquarters is in Detroit, . The movement’s program provides for a ban on immigration to the United States and deportation of all representatives of racial and sexual minorities. In recent years, the majority of NSD actions have been directed against illegal immigrants. The Viking Youth Corps – a special unit of the movement – recruits teenagers. This movement maintains its website (www.nsm88.org) and promotes ideas of white nation supremacy through the New Saxon social network, issues a magazine and records extremist music under the NSM88 records label. 266 held a rally in Kansas City, Missouri, devoted to the 75th anniversary of the pogrom against Jews during the so called "Night of Broken Glass" in Nazi Germany and Austria. In April 2014, it carried out a two-day action to celebrate its 40th anniversary in Chattanooga, Tennessee, on the eve of the Holocaust Remembrance Day. According to human rights activists, supporters of far right-wing groups in the United States committed or planned to commit at least 110 terrorist attacks following the terrorist attack in , Oklahoma in 1995.242 On January 2, 2018, Samuel Woodward, a member of the Atomwaffen Division in Florida, killed a member of the LGBT community of Jewish origin.243 On February 14, 2018, Nikolas Cruz, who had previously disseminated racist statements on the Internet, killed 17 students in Florida.244 The American showed an unhealthy interest in the Third Reich, the Nazis, the Ku Klus Klan, as well as put images with swastikas on his belongings.245 On August 19, 2018, Joden Rocco, another racist, killed an African American that had not allowed him enter a restaurant.246 On October 27, 2018, the American Robert Bowers killed 11 people and wounded 7 others in a synagogue in Pittsburgh, Pennsylvania247.

242 The right-wing extremists detonated near the Alfred Murrah Federal Building, in which 168 people were killed, including 19 children, and 680 people were injured. 243 Brian Melley, “Hatred, DNA link California man to gay student's slaying,” September 4, 2018, , https://www.sfchronicle.com/news/crime/article/Judge-to-rule-if-anti-gay-killing-suspect-faces- 13203266.php; Sean Emery, “Blaze Bernstein murder case; Samuel Woodward charged with a hate crime, DA says,” August 2, 2018, Orange County Register, https://www.ocregister.com/2018/08/02/samuel-woodward- will-face-a-hate-crime-enhancement-in-the-blaze-bernstein-murder-case/. 244 Rafael Olmeda and Brittany Wallman, “Parkland shooter texted friend that he ‘wanted to kill people”, June 29, 2018, South Florida Sun-Sentinel, http://www.sun-sentinel.com/local/broward/parkland/florida- school-shooting/fl-parkland-shooting-witness-statements-20180629-story.html; Paul Murphy, “Exclusive: Group chat messages show school shooter obsessed with race, violence and guns,” February 18, 2018, CNN; https://www.cnn.com/2018/02/16/us/exclusive-school-shooter-instagram-group/index.html. 245 Marjory Stoneman Douglas High School Public Safety Commission Initial Report. January 1, 2019, http://www.fdle.state.fl.us/MSDHS/CommissionReport.pdf, pp 240. 246 Megan Guz, “Hate crime charges called for in North Shore stabbing death,” August 21, 2018, Pittsburgh Tribune- Review, https://triblive.com/local/allegheny/13996113-74/hate-crime-charges-called-for-in-north- shore-stabbing-death 247 Rich Lord, Christopher Huffaker and Liz Navratil, “A high school dropout and trucker, Robert Bowers left few footprints–except online,” October 29, 2018; Pittsburgh Post-Gazette, http://www.post- gazette.com/news/crime-courts/2018/10/29/Robert-Bowers-suspect-gunman-Pittsburgh-Tree-of-Life- synagogue-massacre-attack-federal-court/stories/2018102900900. 267

The Washington Post reports248 that on January 23, 2019, an image of swastika appeared on the wall near a school in Rockville, Maryland. The offenders have not been traced. According to CNN, on the night of February 24-25, 2019, the unknown painted an image of swastika and wrote a phrase from the Nazi greeting in Brighton Beach, New York, an area predominantly inhabited by emigrants from the former Soviet Union. Two days earlier, a similar case occurred in another area of New York City. The investigation was carried out by New York Police Unit. According to , 36 such cases have been recorded since the beginning of the year.  White nationalists. There are 148 movements that identify themselves as organizations defending the rights of the white population (Affirmative Right, AltRight Corporation, American Freedom Party, American , , , Racial Nationalist Party of America, etc.). On July 27, 2018, Richard Starry killed four relatives in Robstown, , and then committed suicide. According to local media, the American was a member of an extremist movement which he had joined while serving his sentence in prison.249 On November 2, 2018, Scott Beierle killed two people and injured four others in Tallahassee, Florida. Previously, he sometimes made racist comments on social media.250

248 Swastika is painted outside high school. January 23, 2019. Washington Post. 249 Rudy Trevino, “Robstown shooting suspect had extensive criminal background,” July 30, 2018, Kill TV, https://vmw.kiiitv.com/article/news/local/robstown-shooting-suspect-had-extensive-criminal-background/503- 578806581. 250 David Mack, Amber Jamieson, and Julia Reinstein, “Tallahassee yoga shooter was a far-right misogynist who railed against women and minorities online,” Buzzfeed News, November 3, 2018, https://www.buzzfeednews.com/article/davidmack/tallahassee-yoga-shooter--far-right-- video; Sara Boboltz, “Florida yoga studio shooting suspect was a far-right misogynist,” November 3, 2018, Huffington Post, https://www.huffingtonpost.com/entry/florida-yoga-studio-shooter-was-a-far-right- misogynist_us_5bde028de4b09d43e3 If6df6; Gary Fineout, “Yoga shooter appeared to have made misogynistic videos,” November 3, 2018, Associated Press, https://apnews.com/dea39b8b45d2471a8c0df817cb9656d0. 268

The Anti-Defamation League (NGO) recorded 319 cases of distribution of extremist materials in 212 colleges and student camps in 37 states, as well as in the District of Columbia in 2018. Racist leaflets and literature were mainly distributed by such movements as Identity Evropa and Patriot Front: 191 and 51 cases, respectively. Moreover, there were 32 cases recorded of putting discriminatory posters in public places.251  Skinheads or militant neo-Nazis. There are 63 movements (АС Skins, , Blood and Honour America Division, California Skinheads, Confederate , Crew 38, Sacto Skins, United Southern Skins, etc.). Followers of these extreme ideologies are known for their aggressive attitude towards other racial groups.  Neo-Confederates include 63 organizations (Dixie Republic, Identity Dixie, Southern Revivalist, etc.). A large proportion of members of this group insist that African Americans allegedly supported the Confederacy in the American Civil War and even fought for it. They oppose the dismantling of monuments to Americans who fought for the South. Meanwhile, there are also many radical followers among members of this movement who consider black people to be the lower race. Thus, on July 6, 2018, Ronald Kidwell, a neo-confederate and a resident of Shawnee, Kansas, killed MeShon Cooper, an African-American woman. She died from multiple stab wounds.  Radical religious organizations base their ideology on the Christian doctrine and include 17 structures (Christian America Ministries, Mission to Israel, Our Place Fellowship, Scriptures for America, New Black Liberation Militia). Most of these groups share anti-Semitic and racist views.  Black nationalists include 256 movements and organizations (Ambassadors of Christ, Black Riders Liberation Party, Great Millstone, etc.).

251 ADL. White Supremacists Step Up Off-Campus Propaganda Efforts in 2018. 269

Experts note a trend towards increasing the number of such groups. Their activities are mainly directed against the white population of America and law enforcement officials.  Anti-immigrant movements include 17 organizations (in particular, American Border Patrol, Colorado Alliance for Immigration Reform, Legal Immigrants for America, Texans for Immigration Reduction and Enforcement).  Anti-Muslim organizations include 100 groups (ACT for America, American Freedom, Alliance , etc.). Moreover, there are 210 other hate groups using hate speech (in particular Committee for Open Debate on the Holocaust, NSM88 Records, Institute for Historical Review, American Guard, Jamaat al-Muslimeen, Proud Boys). Certain human rights defenders singled out anti-government groups, including anarchists, as a separate type of extremist organizations. In 2018, there were about 612 such so called "associations"252 (United Patriots, Security Force, American Patriots, The , Renew America, Oath Keepers, etc.). Resonant hate crimes in the United States in 2018 were also indicated in the Freedom in the World report made by Freedom House (NGO).253 The laws of the United Nations do no prohibit any open expression, expression or demonstration of Nazi views and symbols. In fact, Nazi, neo- Nazi, anti-Semitic and other extremist ideologies fall under constitutional guarantees of freedom of expression. In particular, this exactly was the motive of the United States in voting against the draft resolution of the UN General Assembly titled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance."

252 Southern Poverty Law Center, Intelligence Report 2019. 253 Freedom in the World report by Freedom House, 2019. 270

The decision of the United States Supreme Court of June 14, 1977 on the case of National Socialist Party of America v. Village of Skokie was unprecedented, as it authorized holding of neo-Nazi manifestations in the Village of Skokie, Illinois, where a large Jewish community lives, which was originally prohibited by local authorities. Previously, the attorneys of the Village of Skokie residents failed to obtain a ban on the display of swastika by participants in the march as the Illinois Supreme Court decided that the Nazi emblem was "a symbolic representation of freedom of speech protected by the First Amendment to the U.S. Constitution." The court's decision notes that the First Amendment to the U.S. Constitution guarantees a "free marketplace of ideas," where any ideological position may be expressed, regardless of its popularity. At the same time, according to the 1965 Immigration and Nationality Act (Federal Law), participants in Nazi , participants in genocide, individuals who have been involved in torture, and individuals who have been involved in extrajudicial killings shall be banned to entry the United States. Participants in Nazi persecutions mean foreign nationals who carried out activities under the direction of Nazi Germany, governments created with its assistance or cooperation, and States that were allies of the Third Reich, assisted or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion during the period from 1933 to May 8, 1945. In 1979, the U.S. Department of Justice established the Office of Special Investigations, specializing in the search and criminal prosecution of former Nazi criminals. The Office focuses its efforts on depriving these persons of their U.S. citizenship (on the basis of 8 U.S.C. § 1451 titled "Revocation of naturalization") and on their expulsion to other States. The adoption of the Nazi War Crimes Disclosure Act (P.L. 105-246) became an important milestone in the criminal prosecution of Hitler's 271 accomplices. In accordance with this Act, the U.S. Nazi War Criminal Records Interagency Working Group became authorized to investigate war crimes committed under the direction of the Nazi government of Germany. In turn, the No Social Security for Nazis Act of 2014 provides for a ban on social benefits to persons who have been deprived of U.S. citizenship on suspicion of involvement in Nazi persecutions. In 1969, the United States Supreme Court in its decision in the case of Brandenburg v. Ohio made a reservation that statements aimed at inciting discord do not violate the law unless they advocate for lawless actions.254 The Violent Crime Control and Law Enforcement Act of 1994255 and the Hate Crimes Prevention Act of 2009256 provide for criminal liability in the form of deprivation of liberty for up to 10 years for commission of crimes motivated by racial or religious hatred and liability in the form of life imprisonment in the case of crimes resulted in the death of people. The United States has no legal acts prohibiting Holocaust denial – revisionist ideas are also protected by the First Amendment. In 1978, David McCalden and founded the Institute for Historical Review, openly aimed at refuting the generally accepted view of the history of the genocide of the Jews. Since 2000, Mark Weber has been the director of the Institute. In 2009, in his essay titled "How Relevant is Holocaust Revisionism?" Mark Weber acknowledged the lack of support for revisionist ideas in the academic community and recommended that his followers focus on the struggle against so called Jewish-Zionist power in this regard. Until 2002, the Institute published the Journal of Historical Review. Currently, due to lack of funding, it distributes its materials through the web site and e-mail.

254 M.Miller «Exposing hate. Prejudice, hatred and violence in action» 2019. 255 18 U.S.C. 256 42 U.S.C. 272

The strict constitutional framework seriously complicates the prosecution of neo-fascist radicals in the United States. If these persons are put on trial, they are usually tried for violent crimes. There are no officially established or recognized monuments to Nazis in the country. At the same time, in the summer camp of the Ukrainian Youth Association (UYA) in Baraboo, , there were four monuments erected and even "consecrated" to "Ukrainian heroes", as well as one monument commemorating the Act of Restoration of the of June 30, 1941 restored. The busts of , , Roman Shukhevych and Stepan Bandera were set against the background of the UYA emblem. The opening ceremony was attended by members of Ukrainian public organizations and Andrii Pravednyk, Consul General of Ukraine in . Neo-Nazi demonstrations in the United States are generally isolated and directed primarily against black people. One such rally under the slogan "Unite the Right" was held in Washington on August 12, 2018. It was attended by white nationalists, members of the Ku Klux Klan, neo-confederates and neo- Nazis. A similar action took place in Charlottesville in 2017, when one person died as a result of a clash between neo-Nazis and their opponents. At the same time, there are positive examples of combating the manifestations of racism, racial discrimination and various forms of intolerance. In general, the monuments commemorating anti-fascist warriors and victims of the Second World War are still respected in the United States. Monuments are protected and maintained by authorities of the state in which they are established. In the vast majority of cases, the memorials are in good condition. Citizens often prove themselves as mature citizens in cases of vandalism. Thus, for example, in 2017, a monument to the victims of the Holocaust was desecrated in Boston. A young man broke one of the glass panels of the memorial. The vandal was detained by two passers-by who handed him 273 over to the police. Later, the offender was obliged to pay the costs associated with the restoration of the monument. In recent decades, the United States has been actively pursuing policies aimed at promoting tolerance and respect for ethnic, religious and cultural diversity in society. Any attempts to discriminate national and religious groups are strongly condemned both at the official level and by representatives of civil society, mass media and NGOs. Great attention is paid to inculcating a culture of tolerance and respect for members of other ethnic, religious and cultural groups in U.S. schools. There are voluntary community programs that provide teachers with appropriate teaching and learning materials. The Teaching Tolerance project launched in 1991 is an example of such initiatives. To date, more than 500,000 employees of educational institutions have subscribed to its thematic magazine. Various NGOs held courses for law enforcement officials. Human rights defenders aim at helping security forces identify radical extremist organizations and stop their illegal activities.

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Uruguay Uruguay has taken a firm international stance on issues of combatting neo-Nazism, racism, racial discrimination and xenophobia and has annually voted for the Russia-sponsored resolution of the UN General Assembly titled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance". This is in line with the Uruguayan mainstream position in the fields of human rights and humanitarian law and does not spark off debate within the country. No cases of glorification of Nazism or public manifestations of neo- Nazism are recorded in Uruguay. The only way for small neo-Nazi groups to express themselves is via the Internet and social media, but when such cases occur, they become the object of public scrutiny and condemnation. The web-site of the "Uruguayan version" of the national socialist party (nsuy.blogspot.com), which has existed since 2012 in the form of a blog, is not very popular (the number of its visitors does not exceed 30). Since the adoption of the Law "On combatting racism, xenophobia and all other forms of discrimination" in 2004, the issue has been considered one of the priorities of the Uruguayan national policy. Under the Penal Code of Uruguay such offences are categorized as a separate type – offences against peace and public security: Article 147 (public calls for committing crimes) and Article 148 (propaganda and justification of crimes) provide for a penalty of imprisonment for a term of 3 months to 2 years; Article 149.2 (incitement to hatred, insults and acts of violence) and Article 149.3 (commitment of hate crimes, insults and acts of violence) – against certain groups of people on the grounds of their skin colour, race, nationality, ethnic affiliation and sexual orientation – provide for a penalty of imprisonment of up to 2 years. In accordance with the law, a collegial advisory body – the Public Committee against Racism, Xenophobia and All Forms of Discrimination – was 275 established. Its tasks include monitoring the implementation of relevant laws, assessing the situation in the country (including by means of public opinion measurement), developing proposals, designing and implementing specialized educational programs, etc. The Committee has a rotating 2-year mandate and is comprised of 7 members – representatives from the Ministry of Education and Culture (as the Committee Head), the Ministry of Interior, the Ministry of Foreign Affairs and the Central Governing Council of the National Public Education Administration – one from each, and three experts from non-governmental public associations who are recognized specialists in combatting racism, xenophobia and all other forms of discrimination. The Jewish community in Uruguay, which numbers over 20 thousand people, carries out, together with relevant cultural and historical organizations (Kehila Center, Shoah Museum, etc.), targeted work to perpetuate the tragic events in the history of their people, including those connected to World War II. In 2006, International Holocaust Remembrance Day (27 January) was included in the of the country's remembrance days.

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Uzbekistan No cases of Nazism, neo-Nazism and other modern forms of racism, racial discrimination, xenophobia and related intolerance have been recorded in Uzbekistan in recent years. The overall condition of the Great Patriotic War monuments in the Republic of Uzbekistan is satisfactory. The country's authorities encourage the repair and restoration works. In late 2018 – early 2019, public associations in restored 47 such memorials. In Uzbekistan, the victory anniversary is a state-level holiday called Day of Memory and Honour, which is celebrated on 9 May. The biggest event on the occasion of the celebration is the solemn ceremony of laying flowers at the Monument to the Grieving Mother, which is attended by the country's senior officials and heads of diplomatic missions. Since 2017, an official reception on behalf of the President of the Republic of Uzbekistan is held annually for war veterans and homefront workers, and they are encouraged to wear Soviet decorations and Red Army symbols at the event. Uzbekistan is a multi-ethnic (130 ethnicities) and multireligious (16 religious denominations) state. Article 57 of the Constitution of the Republic of Uzbekistan prohibits the creation and functioning of political parties and public associations that are aimed at changing the existing constitutional system by force, coming out against the sovereignty, territorial integrity and security of the Republic, the constitutional rights and freedoms of its citizens, advocating war and social, national, racial and religious hostility, and encroaching on the health and morality of the people, as well as military associations and political parties based on the national and religious grounds. Secret societies and associations are banned. Uzbekistan has no specific legal acts that regulate the issues of combatting neo-Nazism, racism, racial discrimination, xenophobia and related 277 intolerance. Responsibility for relevant unlawful acts is established by the Administrative and Criminal Codes of the Republic of Uzbekistan. As stipulated in Article 184 of the Administrative Code of the Republic of Uzbekistan, "for production and storage for the purposes of distribution, or distribution of materials inciting national, racial, ethnic or religious hatred, citizens shall be punished with a fine equal to 50–100 times the minimum wage, public officials with a fine equal to 100–150 times the minimum wage or with administrative detention for up to 15 days and confiscation of relevant materials and means of their production and distribution." Article 141 of the Criminal Code of the Republic of Uzbekistan stipulates that "direct or indirect violation or limitation of rights, or according direct or indirect privileges to citizens depending on their sex, race, ethnic origin, language, religion, social background, beliefs, or personal or social status – shall be punished with a fine of up to fifty minimal monthly wages or denial of a certain right for up to 3 years, or up to 300 hours of community service or up to 2 years of correctional labour. The same actions committed with violence – shall be punished with 300– 360 hours of compulsory community service or 2–3 years of correctional labour, or 1–3 years of restriction of freedom or up to 3 years of imprisonment." Article 156 of the Criminal Code of the Republic of Uzbekistan stipulates that "production, storage for the purposes of distribution of materials inciting national, racial, ethnic or religious hatred committed after the relevant administrative penalties have been applied shall be punished with a fine of up to 600 minimal monthly wages or up to 3 years of correctional labour, or 1–3 years of restriction of freedom or up to 3 years of imprisonment. Deliberate acts injurious to national honour and dignity, insulting the feelings of believers or non-believers, perpetrated with a view to arousing hatred, intolerance or discord with respect to any population groups on national, racial, ethnic or religious grounds, as well as direct or indirect restriction of 278 rights or granting of direct or indirect privileges depending on national, racial or ethnic affiliation or attitude to religion shall be punished with 2–5 years restriction of freedom or up to 5 years of imprisonment. Acts specified in parts 1 or 2 of this Article committed: a) in such a way that is dangerous to life of other persons; b) with infliction of severe bodily injuries; c) with displacement of citizens from the places of their permanent residence; d) by a public official; by prior agreement by a group of persons, shall be punished with 5–10 years of imprisonment." The issues of preventing manifestations of neo-Nazism, racism, racial discrimination, xenophobia and related intolerance are within the purview of the relevant department of the Administration of the President of the Republic of Uzbekistan. The Committee on Religious Affairs and the Committee on Interethnic Relations and Friendly Ties with Foreign Countries under the Cabinet of Ministers are also engaged in the relevant work. As regards outreach to the youth, emphasis is placed on countering the propaganda efforts by the Islamic State organization. Relevant awareness- raising activities are carried out by the Committee on Religious Affairs, the Muslim Board of Uzbekistan, and the Youth Union of Uzbekistan. There are over 30 state-run websites created for raising awareness in religious matters. The creation of the International Imam-Al-Bukhari Center for Islam is underway in Samarkand with the support by the OIC; the centre's work will be largely aimed at promoting the values of enlightened Islam. Uzbekistan holds regular international events designed to strengthen international and inter-religious peace and conciliation in Central Asia. It was Uzbekistan that proposed the adoption of the 2018 UN General Assembly resolution "Enlightenment and "; the country is also the traditional co-sponsor of Russia's UN General Assembly resolution "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and 279 related intolerance", as well as declarations against glorification of Nazism made within the CIS and CSTO.

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Sweden In Sweden, neo-Nazism as the most wide-spread form of right-wing extremism (alongside with left radicalism and Islamist Jihadism) is classified as violent extremism and considered to be a threat to national security. In recent years, the Swedish Security Service (SÄPO) has registered an increase in the total number of neo-Nazi manifestations in the country. Most of them are directed against immigrants, national and sexual minorities, left-wing politicians, activists and journalists (those actions are often planned to coincide with ceremonies to commemorate victims of the Holocaust, May Day marches, pride parades, pacifist or anti-fascist rallies). These trends have made competent authorities show more concern over the issue of right-wing extremism rather than consider neo-Nazi influence to be marginal as they did in early 2010-s. In its 2016 report, SÄPO noted that these movements "infringed constitutional rights and freedoms of certain citizens", although none of them individually "represented any threat to Swedish democracy in general". SÄPO distinguishes a group of "lone wolves" among the neo-Nazis (persons formally unaffiliated with any of the groups but influenced by their propaganda) and considers them to pose a real including terrorist threat. As an example one can cite 21-year-old Swede Anton Lundin Pettersson who committed triple murder in one of the secondary schools of Trollhättan (South- West Sweden) in October 2015. 2015-2018 saw major changes in the Swedish neo-Nazi community ("white power"). Previously, it had comprised several smaller and medium active groups, while now the sphere has virtually been "monopolized" by the Nordic Resistance Movement (NRM). This organization is an heir to the Swedish Resistance Movement formed in 1997 as a result of merger between a number of right-wing extremist structures that had been active in the second half of the 20th century (White Aryan Resistance, National Youth, National 281

Socialist Front, the People's Front, etc.). SRM became known in December 2013 after its members committed a violent attack against anti-racist demonstration in the Kärrtorp district of Stockholm. In 2015, SRM changed its name to NRM having united four Nordic branches: the Swedish, the Norwegian, the Danish, and the Finnish ones. Sweden remains the center of the NRM, as Sweden is the country where its headquarters are situated (Grängesberg, Dalarna County) and the majority of its members reside (160 according to the organization's publicly available data, and few hundreds according to the Expo anti-racist center). In its political programme titled Our Path, NRM characterizes itself as a right-wing extremist paramilitary Nazi organization that strives to establish Nordic national socialist republic comprising Sweden, Finland, Norway, Denmark, Iceland and possibly the Baltic States and advocates the supremacy of the "white race". Other points of its programme include denying entry to immigrants and forced deportation of refugees (that arrived after 2015), restoration of Swedish Institute of Racial and Ideological Research (similar to the Swedish State Institute for Racial Biology that existed in 1922-1958 when the national elite was fascinated by the ideas of ""), anti-Semitic, anti-Muslim and anti-Gypsy initiatives, calls to "cleansing" among politicians and journalists, and the introduction of capital punishment. As its emblem the NRM has chosen the Tiwaz rune widely used as insignia in the Nazi Germany, and its online resource, the www.nordfront.se website regularly and almost freely publishes neo-Nazi propaganda, including eulogies to Hitler as "the greatest hero of modern times". Inside the organization, there is a strict hierarchy, and any non- compliance with the charter is fraught with disciplinary punishment. NRM members undergo obligatory physical (martial arts) and political and ideological 282 training, take part in rallies and marches, dissemination of propaganda, primarily in the Internet and social media. NRM leaders openly call on the movement members to defy the authorities, illegally keep weapons and use explosives. More than a half of the organization's members were previously convicted (some of them repeatedly) for murders and attempted murders, violent crimes, , inciting hatred towards certain groups of people, vandalism against places of worship, violation of anti-drug legislation. Recently, law enforcement authorities have increasingly often pointed that the neo-Nazi community has partnered with . NRM has increasingly often held its actions in Stockholm County, as well as in the counties of Västra Götaland, Skåne and Dalarna. In 2015-2017 major rallies took place in the cities of Stockholm, Västerås, Örebro, Falun, Malmö, Ystad and Visby (including during the Almedalen Week in July 2017). Swedish society got alarmed by the events in the city of Gothenburg of November 2016 – January 2017, where the members of the local NRM branch committed two bombings and attempted another one in the vicinity of refugee camps and an office of an anti-fascist organization; the perpetrators were subsequently sentenced to considerable terms of imprisonment. In September 2017, neo-Nazis held several marches in Gothenburg (including during the International Book Fair) accompanied by violent clashes and xenophobic mottos. At one of them the NRM leader made a high-profile statement that Sweden did not have enough lamp posts to hang all intolerant politicians and journalists, immigrants and members of sex minorities. The second half of 2017 also saw an increase in the activities of other neo-Nazi movements concerned over virtual leadership of NRM among extreme right-wing parties. To consolidate right-wing radicals, such online platforms are used as Motgift (former information outlet of the Party of the Swedes), Det fria Sverige, Igrid Carlkvist, the movement National Youth, the Soldiers of Odin vigilante group. 283

It has also become obvious that Swedish far-right movements have enhanced their contacts with the international neo-Nazi community. Nordic Alternative Right, a branch of the U.S. far-right alt-right movement functions in Sweden; its leaders Daniel Friburg and Christoffer Dulny participated in the Nazi rally in Charlottesville (U.S.A.) in August 2017. Swedish neo-Nazis are known to "share experience" with their fellows from the Netherlands, Hungary, Poland and other countries. Certainly, current situation with neo-Nazism in Sweden reflects general tendencies in Europe and the United States, where ultra-right organizations are getting increased support. At the same time, in this Scandinavian country there exist some country-specific factors contributing to the spread of such movements. Those include primarily the consequences of the open-door policy Stockholm had pursued before 2016 that led to a large-scale immigration and integration crisis. At the same time, Swedish legislation vis-a-vis the far-right remains extremely liberal, as fundamental rights and freedoms and the principle of political correctness are declared as an absolute value. Despite the fact that Sweden is a party to the 1965 International Convention on the Elimination of All Forms of Racial Discrimination, its authorities have failed to prohibit the activities of racist organizations and online resources. The position of Swedish authorities on neo-Nazi propaganda in the Internet is highly indicative. As far back as in 2017 the government proposed a bill to the Riksdag envisaging an obligation of responsible media to remove illicit online content within two weeks from the day of receipt of the relevant notification from the competent authority, which virtually implies that within that term any illicit content can be disseminated absolutely freely. 284

Furthermore, Neo-Nazism cannot be fought efficiently due to the fact that the country's authorities underestimate the risks posed by the right extremism as compared to Jihadism (the combat against which has attracted most resources), lack a systemic approach, clear distribution of functions among the agencies, and proper channels to exchange information about the radicals. In fact, it was only after the Gothenburg rally of the ultras in the autumn of 2017 when Swedish authorities raised the issue of introducing more stringent legislation against neo-Nazism for the first time. In particular, Swedish Prime-Minister Kjell Stefan Löfven called to general mobilization of the country's democratic forces against the "brown threat" and convened parliamentary consultations. The Minister of Justice and the Interior Morgan Johansson stated that it was necessary to promptly implement the 2016 National Plan to Fight Racism, Similar Forms of Xenophobia, and Hate Crimes, and requested that the possibility of expanding anti-terrorist legislation to apply to the activities of the ultra-right (primarily those directed against immigrants) should be considered. The Commander of the Police suggested that the Tiwaz rune should be equalled to the prohibited swastika. Nevertheless, the neo-Nazism prevention sphere lacks breakthrough ideas. Swedish authorities' response to public criticism of the efficiency of the National Coordinator against Violent Extremism that existed in 2014-2017, was confined to re-organization and the transfer of their powers to the special center of the National Council for Crime Prevention in early 2018. A "good example" that promoted the rise of neo-Nazi movements in Sweden was also set by the success of the anti-immigrant Swedish Democrats (SD) party. It was initially established in 1988 based on the far-right movements and subsequently shifted to milder political stances, yet the very fact that it was elected to the Riksdag in 2010 and became the third most popular party at the 2014 elections demonstrates that in today's Sweden political actors with Nazi 285 background can win the support of considerable part of voters and legally come to power. It is notable that the SD itself — apparently for fear of being associated with former allies — has currently adopted an extremely harsh attitude towards neo-Nazism and advocated a ban on the NRM activities. As the 2018 ended, the major Swedish neo-Nazi alliance, Nordic Resistance Movement lost some of its popularity. This happened due to a high- profile yet extremely unsuccessful campaign (featuring anti-Semitic and racist manifestations) before the elections of 9 September 2019 at which they failed to win a single seat even at municipal level. The chances of NRM at the elections to European Parliament scheduled for May 2019 are also estimated as negligible. The fragmentation of the "white power" is most notable in the Internet, where several ultra-right resources compete at the moment. Those news outlets and fora include Fria Tider, Samhallsnytt, Samtiden, Nordfront, Nya Tider, Nya , Ingrid&Conrad, Swebbtv и Granskning Sverige, all of whom strive to present an alternative outlook of the developments in Sweden focusing on the negative consequences of a major wave of immigration of 2015-2016. Nevertheless, the intensity of Swedish neo-Nazis' local actions has remained high. On the average they conduct about tree thousand actions a year targeting immigrants, ethnic, religious and sex minorities, left-wing politicians and journalists. Such actions often coincide with public functions to celebrate landmark events in the country's history. In September 2018, ultra-right Nordisk Ungdom held a rally in the center of Stockholm to mark the 300 anniversary of the death of King Charles XII of Sweden whose rule is still associated with Sweden's status as a great power. In March 2019 Nazi slogans were noted during the traditional Vasaloppet ski race in the Swedish neo-Nazis' informal stronghold, Dalarna County. 286

Neo-Nazis actively launch campaigns to incite inter-ethnic and inter- religious hatred. It is notable that in late 2017 after repeated threats from the ultra-right the Jewish community of the city of Umeå (in the north-east of Sweden) decided to dissolve itself. Due to regular manifestations of anti- Semitism in the country, in December 2018 the EU Agency for Fundamental Rights named Sweden as one of the tree EU countries where the situation is least safe for the Jewish. Neo-Nazis regularly pick immigrants, including second-generation immigrants as a target of their xenophobic actions. As one of the recent flagrant examples one can cite the online campaign launched at Swedish Internet fora against a member of the Swedish team at the 2018 World Cup in Russia Jakup Jimmy Durmaz (an ethnic Syriac who was born and has lived all his life in Sweden) after his failure during a group match with Germany. Such activities are largely due to the generally loyal position of Swedish authorities. Despite the calls of the majority of Swedish political parties, the criticism on the part of international human rights institutions (including the United Nations Committee on the Elimination of Racial Discrimination) and the relevant experience of the neighbouring countries, Sweden is still to criminalize the activities of neo-Nazi movements. The work to introduce prohibition on the use of Nazi symbols (for example, the Tiwaz rune that NRM uses as its emblem) heralded by the government in 2017 is also advancing slowly. In recent years in most cases the police has authorized neo-Nazi rallies, subsequently punishing those who disturb public peace (in particular, the trial of 17 neo-Nazis who resorted to violence during the march that coincided with the International Book Fair in September 2017 is still underway). Local media periodically raise the issue of racial profiling practiced by the law enforcement authorities despite the complete ban on racial discrimination under the Swedish law. In particular, in January 2019 the Kalla 287

Fakta TV programme specializing in investigations and broadcasted by the TB4 Channel stated that in the previous few months there had been about 100 cases of arbitrary detentions of non-Swedish-looking persons by the police. It also noted that the checks were extremely disrespectful. In 2017 this issue was also raised in the relevant report by the Swedish human rights organization Civil Rights Defenders. At the same time, the development of ultra-right movements in Sweden has causes rooted deep in the country's history. Sweden formally maintained a neutral status during World War II and making considerable concessions to Germany (providing it with resources and allowing transit of Hitlerite troops to the Eastern Front through its territory) managed to avoid the privations of the war and the atrocities of Nazism. This subsequently caused a misinterpretation of that events by the local community, including due to biased research papers, publications, school books and the work of the Living History Forum, a Swedish public authority established in 2003. In Sweden a term "occupation" is commonly used to refer to the entry of Soviet troops to the Baltic region and East European countries, and the expansionist nature of the "Winter War" of 1939-1940 fought by the USSR is stressed, and Nazism and communism are equally presented as "totalitarian regimes". The decisive contribution of the USSR to the Victory is intentionally belittled, exaggerating the role of the United States and the allies. Swedish authorities initiated no investigations against the 270 Swedes who fought in the ranks of Waffen-SS, many of whom, according to recent research, took part in the Holocaust. The criminals of World War II, including those of Swedish origin, that took refuge in the country cannot be prosecuted even today, as the law abolishing the previously established 25-year period of limitation for war crimes, crimes against humanity and genocide adopted by Sweden in 2014 has no retroactive effect. 288

Swedish anti-fascist community periodically publishes revelations on the subject, reminding the public that the country has initiated no investigation into the activities of Hitler's henchmen. The discussion was further fuelled by the publication of March 2019 stating that 15 Swedish citizens continued to receive "Hitlerite pensions" from Germany as World War II invalids. In this context the government was urged to remedy the situation relying on the experience of the neighbouring Finland that published a report on crimes committed by Finnish members of Waffen-SS, in 2019. Swedish leadership has adopted an ambiguous position on condemning glorification of Nazism in the Baltic States. Official Stockholm did not merely apologize for having extradited a group of Latvians, Lithuanians and Estonians who fought for the Nazi Germany to the USSR in 1945, but has turned a blind eye on current Latvian, Lithuanian, Estonian authorities' radical statements misrepresenting the history of World War II. In a similar manner, they have condoned manifestations of neo-Nazism in Poland and in Ukraine where over 30 members of Swedish ultra-right organizations went freely in 2014-2016 to take part in demonstrations on the Maidan and "anti-terrorist operations" conducted by the Azov and Aidar punitive detachments in Donbass. The politicized stance of Sweden on combating neo-Nazism is also demonstrated by the fact that Sweden (in accordance with the UU common policy) annually abstains from voting on the UN General Assembly resolution titled "Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance" virtually positioning itself as a consistent opponent of this initiative.

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Switzerland According to the expert assessments, over two thousand citizens of the Confederation fought in the troops of Nazi Germany during World War II (with 1.2 thousand conscripted in the territory of Germany and about 800 people joined the army as volunteers). Swiss authorities prefer to avoid mentioning these historic facts. At the same time, Swiss politics responded with disapproval to the news published by a number of media in February 2019 that according to some German sources 49 residents of Switzerland continued to receive pensions from Germany for the military service in the Third Reich. During World War II, about one thousand Swiss citizens were sent to the Nazi concentration camps from the third countries (Jewish, members of the Resistance, Gypsies, members of the LGBT community), of whom 200 were killed. The Organization of the Swiss Abroad has put forward a proposal to open a monument to the victims of Nazism in Switzerland, which is currently considered. Cantonal and municipal authorities of Switzerland assist Russian compatriots residing in Switzerland in organizing commemoration events by the monument to Soviet warriors in Basel. In recent years, Swiss law enforcement authorities have registered the extensive use of the Internet and social media for the dissemination of neo-Nazi, racist, and misanthropic ideas. In March 2019 the police closed a WhatsApp chat of 15 school students from the canton titled FC NSDAP, where, inter alia, Nazi greetings were used. Before that, a Facebook group of the Swiss branch of the Misanthropic Division neo-Nazi group was closed; as of December 2017, it had 150 subscribers, of whom 20 were Swiss, including four members of the Swiss army. Some followers of neo-Nazi ideology continue to publish content through YouTube video hosting service and in social media. 290

HRC Special Rapporteur on contemporary forms of racism cited the data obtained by the Intercommunity Coordination against Anti-Semitism and Defamation and noted that although unlike other European countries, acts of violence against the Jewish are not typical for Switzerland, the number of anti- Semitist acts committed by French-speaking Swiss citizens remains high. She also stressed that extreme right-wing groups were increasingly active, which she believed posed major threat for Jewish communities of Europe. The activities of radical right-wing groups in Switzerland are facilitated by loopholes in the country's criminal law. As a result, such organizations can freely act in the Swiss territory, distributing and spreading Nazi artefacts and conducting neo- Nazi marches and concerts.257 According to annual report issued by public organizations of the local Jewish community, in 2018 Switzerland saw a tide of anti-Semitism online, especially in Twitter and Facebook, where up to 535 cases were registered. The number of offline manifestations of anti-Semitism that stands at about 42 a year has remained stable for a few years. By way of an example, the Special Rapporteur cites the data for 2016, according to which a huge number of articles were noted in French-language Swiss media, with 20 percent of them denying the very fact of, the scale of or the mechanism of genocide of the Jewish people by the Nazi Germany or its intention to commit genocide. Such articles are regularly published online, especially in weblogs, web-sites and in "independent periodic media".258 According to expert assessments, almost the same is true for the dissemination of anti-Muslim ideas, including the ideas directed against the considerable community of Swiss residents of the Balkan origin. Human rights activists specializing in countering racism believe that besides the Internet, Switzerland has another "weak point", carnivals, at which

257 Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance to the 38th Session of the Human Rights Council. June 2018. A/HRC/38/53 258 Ibid. 291 statements with racist connotations are often made. For example, at the 2019 Carnival of Basel leaflets were spread that contained jokes concerning the Turks and African Americans, and the 2019 Zug Carnival featured a group dressed as members of the Ku Klux Klan. In general, as law enforcement authorities and relevant NGOs believe, racism in Switzerland can be described as mostly petty racism. According to the statistical data issued in March 2019, in 50 percent of cases Swiss citizens witnessed racist manifestations at their workplaces, in 25 percent of cases in public places, in 19 percent of cases in schools, in 10 percent of cases while searching for apartments, in 7 percent of cases in their leisure activities. Extremist and nationalist organizations are often extremely marginalized, act in secrecy and are virtually completely excluded from the country's political life. Those include Swiss branches of Anglo-Saxon Blood and Honour and Hammerskins skinhead groups, radical right-wing Swiss nationalist parties, Résistance Helvétique, Generation Identity Geneva, etc. Switzerland has no special anti-racist or anti-nationalist legislation in place. Legal framework for countering the manifestations of racism includes only the provisions of Article 8.2 of the Swiss Constitution (prohibiting discrimination on the grounds of origin, race, sex, age, language, social status, religious or political beliefs, and disability) and Article 261bis of the Swiss Penal Code. Calls to racial, ethnic or religious discrimination, public dissemination of such ideology, facilitation of and participation in such propaganda activities, public insults and manifestations of discrimination, denial of genocide and other crimes against humanity, denial of public services on grounds of race are punished by imprisonment for a term of up to three years or a fine. The use of Nazi and racist symbols, including swastikas, is not officially prohibited in Switzerland, unless it is done in public and aimed against the third persons. In 2011 the Swiss Federal Council (the government) refused to 292 elaborate a separate law prohibiting such symbols due to the difficulties in defining criteria for classifying symbols as racist and the "adequacy of the existing anti-racist norms of national legislation". The task of monitoring racism and neo-Nazism in Switzerland are dealt with by the Service for Combating Racism of the Federal Department of Home Affairs (that issues biennial reports on racial discrimination in Switzerland, with the most recent one published in October 2017), Service for Combating Extremism of the Federal Department of Defense, and the Expert Federal Committee against Racism. Switzerland has no dedicated training programmes on countering manifestations of racism, as these issues are traditionally dealt with in a broader context of human rights issues. At the same time, each year the country celebrates national Action Week Against Racism (the most recent one took place on 18-24 March 2019), during which the cantons hold various events to increase public awareness on issues of discrimination on racial, ethnic and religious grounds.

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South Africa Since 2016, Pretoria has regularly co-sponsored a Russia-initiated draft 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. No cases of hindering the commemorative events dedicated to the victory in World War Two in the RSA have been recorded. The last major association in South Africa professing neo-Nazi views was the so-called the Afrikaner Resistance Movement (Afrikaner Weerstandsbeweging), which was founded in 1973, on the wave of discontent with the liberalization of the apartheid regime and actively opposed its dismantling until 1994. In 2008, against the backdrop of a general rise in radical sentiments among due to the actualization of the land issue, it became more active for a short time, but after the killing of the organization's leader Eugene Terreblanche, it actually dissolved. South African society is characterized by a high degree of sensitivity and a sharply negative attitude towards racism manifested in the form of the apartheid state system, which has largely determined the course of history. Following the dismantling of the apartheid regime in 1994, the establishment of a new democratic republic began, which has come to be called a "rainbow nation" for the diversity of its peoples. The RSA is a State party to the 1965 International Convention on the Elimination of All Forms of Racial Discrimination. The RSA is also a signatory to the 1981 African Charter on Human and Peoples' Rights, which enshrines equality of all races and ethnic groups before the law. The RSA also organized the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance in Durban in 2001, which resulted in the adoption of the Durban Declaration and Programme of Action. As part of the commitment made at the time of signing the declaration, the RSA developed a National Action Plan against Racism by 2016, which is currently under discussion. 294

The Constitution guarantees South African citizens equality before the law and prohibits discrimination on the basis of race and ethnicity (Article 9, para 4). At the same time, paragraph 2 of Article 9 allows for "granting of privileges to persons disadvantaged by unfair discrimination in the past". The right to such privileges is provided by the 2003 Broad-Based Black Economic Act, as amended in 2013. It sets out specific procedures to ensure preferential access to jobs for members of formerly oppressed "peoples of color", including Africans and Indians. Article 7 of the 2002 Promotion of Equality and Prevention of Unfair Discrimination Act also prohibits discrimination on the basis of race. The term "discrimination" includes the dissemination of ideas of superiority or inferiority of any race, participation in any activity aimed at excluding any person from anywhere on the basis of race, incomplete provision of any services to any racial group, denial of access to any racial group to existing opportunities and services, as well as failure to meet the needs of representatives of any race. Article 10 of the Act prohibits hate speech, which is defined as a rhetoric used to insult, harm or promote hatred, including on racial or ethnic grounds. Any person acting in the personal or public interest, as well as the South African Human Rights Commission or the Commission for Gender Equality, may initiate proceedings for violation of this Act. The basis for criminal proceedings in cases involving racism is the presence of crimen injuria signs (Lat. – a crime under South African common law defined as the intentional violation of human dignity or privacy), which constitutes a criminal offence considered by the Magistrate's Court. Civil cases are considered by the Equality Court, which can only oblige the convicted person to compensate the victim for moral damages and to apologize. In South African practice, it is not uncommon for defendants to bear different degrees of responsibility for crimes of the same nature. Thus, in 2011, the public performance of the song "Kill the Boer" by the leader of Economic Freedom 295

Fighters party Julius Malema, was considered by the Equality Court and classified as the use of hate speech. As a result, the party leader was only obliged to give up performing the song in the future and pay the legal costs to AfriForum organization, which initiated the proceedings. In 2018, repeated use of the offensive word "kafir" by an individual against a police officer was considered by the Magistrate's Court and classified as a criminal offence, resulting in a sentence of three years' imprisonment. According to the South African media estimates, this case is considered to be a precedent-setting and can be used in further legal proceedings, as the use of racist rhetoric has not previously been punishable by imprisonment in South African history. Currently, South African criminal law does not distinguish racist crimes from other types of crimes, although the presence of racist acts in a crime can be considered an aggravating circumstance – which, however, does not always happen in practice. At the same time, South African legislation is in the process of formalizing a broader category of hate crimes, which, according to experts, will include racist crimes. In particular, the Prevention of Hate Crimes and Hate Speech Bill was introduced in Parliament in October 2016, which made it mandatory for the police, prosecution service and courts to take into account hate speech and criminalize the use of hate speech. The Bill is currently at the stage of collecting public comments. A number of non-governmental organizations, including the and Ahmed Kathrada Foundations, the Institute for Justice and Reconciliation, and the Centre for the Advancement of Nonracialism and Democracy, which merged into the Anti-Racism Network of South Africa in 2015, are engaged in studying and addressing racism-related issues in South Africa. The magnitude of the problem of racism is the subject of expert discussions. In particular, Zohra Dawood, Director of the Centre for Unity in Diversity of the FW de Klerk Foundation, believes that this issue is quite 296 pressing, arguing his position with numerous media publications on racial incidents. Other experts, such as Anthea Jeffrey, head of special research at the Institute of Race Relations (IRR), believe that such incidents are isolated and, in fact, one could speak of the improvement of race relations in South Africa. In support of this position, the results of social surveys are given; according to the results, 92% of respondents consider themselves tolerant towards other categories of the population in 2016259, and in 77% of black respondents said that they had never noticed manifestations of racism in their address in 2017260. According to the South African Human Rights Commission, in 2016/2017, the number of complaints relating to racist incidents accounted for 69% of the total number of complaints received. The rejection of racism is emphasized in the founding documents of almost all major political parties in South Africa. At the same time, some radical black party figures tend to emphasize the fight against antiblackism and not against racism in general, allowing racist rhetoric towards the white population. In particular, the previously mentioned predominantly black radical left party, the Economic Freedom Fighters, and the breakaway Black First Land First party (in 2015), which formally condemns racism in their fundamental documents, often find themselves in the spotlight of the press because of their leaders' hate speech against white people and calls for the forcible seizure of land from white owners. Many of the African descendants of the European colonists, who now make up less than 5% of the country's population (the share of the total white population in South Africa is 7.8%) still profess the principles of nationalism, appealing to the fact that their rights in a democratic South Africa are infringed and their security is not ensured. According to the police, in 2017/2018, there were 564 attacks on farms and 62 murders in South Africa, with 46 victims

259 http://afrobarometer.org/sites/default/files/publications/Dispatches/ab dispatchno84-south-africa- discrimination.pdf 260 https://www.politicsweb.co.za/documents/race-rhetoric-undermining-race-relations-in-sa—ir 297 being white. A number of parties and movements in South Africa, including the Freedom Front Plus represented in Parliament, as well as the National Front, the African People's Convention and the Suidlanders openly support the idea of African self-determination in the form of an independent state. A serious problem in South Africa is xenophobia towards migrants from neighbouring African countries, primarily due to high competition for jobs with high unemployment (27.1% according to the South African Civil Service for the fourth quarter of 2018). Xenophobic sentiments are fuelled by statements of local authorities and government agencies, which often blame migrants for the difficult criminal situation in the country261. As a result, 65% of South Africans are convinced that there are "too many" migrants in their country262. This negative attitude towards newcomers from time to time leads to serious outbreaks of violence, one of which began in 2008 in Gauteng province and resulted in 62 deaths and 670 injuries. Other incidents of mass clashes with migrants were recorded in the Mamelodi Township (Gauteng Province) in June 2014263, in Durban (KwaZulu-Natal Province) in April 2015,264 and in Pretoria in February 2017265. It should be noted that South Africa has a legislative framework for the protection of the rights of migrants and refugees, which is provided, in particular, by the 2002 Immigration Act and the 1998 Refugees Amendment Act, as well as by a number of conventions signed by Pretoria and the African Union.

261 https://capechameleon.co.za/the-problem-of-xenophobia-in-south-africa 262 https://www.ipsos.com/sites/default/files/migrations/en-uk/files/Assets/Docs/Polls/ipsos-global-advisor- immigration-and-refugees-2016-charts.pdf 263 https://www.iol.co.za/news/mob-attacks-on-mamelodi-somalis-continue-1704348_2014 264 https://www.amnesty.org/en/latest/news/2018/05/south-africa-ten-vears-after-xenophobic-killings-refugees- and-migrants-still-living-in-fear/ 265 https://www.news24.com/SouthAfrica/News/p2-136-arrested-in-pretoria-during-xenophobic-violence- phahlane-20170224 298

European Union Xenophobia, manifestations of racism, aggressive nationalism and neo- Nazism, infringement of the legitimate rights and interests of representatives of national minorities, including the Russian-speaking population of the Baltic States, as well as migrants, remain among the most acute challenges in the field of human rights protection in the European Union. The systemic nature of the problems in these areas is evidenced by the consistent adoption of a number of thematic resolutions by the European Parliament (EP) in 2015-2018. For example, the resolution adopted by the European Parliament on September 8, 2015, on the situation of fundamental rights in the EU (2013-2014) condemns the fact that more than 15 million third- country nationals and half a million stateless persons are victims of discrimination and calls on the EU and its member states to respect fundamental rights with regard to nationality issues and to ratify and fully implement the 1961 Convention on the Reduction of Statelessness. The resolution of March 1, 2018, on the situation of fundamental rights in the EU in 2016, calls on EU member states to ensure respect for the linguistic rights of minorities and the protection of linguistic diversity in the EU. The resolution of January 16, 2019, on the situation of fundamental rights in the EU in 2017, condemns all hate-motivated incidents and hate speech occurring in the EU on a daily basis, which have become the norm in some EU countries. The resolution of February 7, 2018, on protection and non-discrimination with regard to minorities in the EU member states recognizes the lack of measures taken in the EU to ensure the fundamental rights of minorities, the problem of statelessness and proposes to address this situation, including through the revision of the EU's relevant legislation. The resolution of November 13, 2018, on minimum standards for minorities in the EU provides for the measures necessary to improve the 299 situation of minorities in the EU, including the elaboration by the European Commission of uniform minimum standards for the protection of minority rights in the EU, the establishment of a pan-European specialized body for the recognition and protection of minorities in the EU, and the establishment of a relevant European framework for combating "hate speech, xenophobia and related violence against minorities". According to experts, the European Union also clearly underestimates the threat of neo-Nazism, the existence of which in some member states is justified by the alleged need to ensure freedom of expression. The EP resolution of October 25, 2018, on the rise of neo-fascist violence in Europe stresses that the lack of adequate measures to suppress the actions of neo-Fascist and neo-Nazi groups in Europe leads to an increase in violence, xenophobic sentiment, xenophobia, incitement of hatred in society, including against refugees, migrants, representatives of national and religious minorities, human rights defenders, politicians and law enforcement officials. Criticism of EU member states on a number of topics falling under the scope of this report is contained in the relevant publications of such respected international NPOs as Human Rights Watch, Amnesty International and the European Network Against Racism. For the purpose of this report, the thematic publications of the European Union Agency for Fundamental Rights (FRA) are used to illustrate the situation of racial discrimination, xenophobia and related intolerance in the European Union member states, which point to the recognition of the relevance of racism by the EU structures. The migration crisis in the EU has contributed to the growing popularity of law-conservative and right-wing radical parties in EU member states. Against this background, the political mainstream makes efforts to adjust migration policies. FRA notes that migration legislation and law enforcement practices in EU member states have been further tightened, which has a direct impact on the 300 rights of migrants, asylum seekers and refugees266. Laws adopted for political purposes that discriminate against national, ethnic, linguistic and religious minorities contribute to the growth of social confrontation and divide society along ethnic and religious lines. According to FRA267, one in four respondents in the EU belonging to social groups such as people of African descent, Asians, Roma and migrants arrived in the EU countries reported discrimination in their search for work (29%), housing (23%), employment (2%), public and private sectors (22%), education and health (12%). The highest level of "migrantophobia" in 2017-2018, according to surveys, was observed in Luxembourg (53%), Austria (45%), Italy and Germany (37%), France (34%), Malta (33%), Denmark (27%). Xenophobic sentiments based on religious intolerance was observed in Denmark (25%), Sweden (16%) and Italy (10 %); based on nationality against immigrants from Turkey – in the Netherlands (41%), Austria (29%), Belgium (24%) and Sweden (20%); xenophobic attitudes towards people of African descent – in the Netherlands (42%), Italy (40%) and France (37%); towards Asians – in Greece (51%) and Italy (32%). The highest level of anti-Romani sentiment was recorded in Portugal (61%), Greece (44%), Croatia (42%), Czech Republic (37%), Estonia (34%), and the lowest in Bulgaria (19%). Hungary (70% of respondents), the United Kingdom (36%), France (34%) and Germany (33%) are the "leaders" in terms of Islamophobia268. In December 2018, the EU Agency for Fundamental Rights (FRA) presented a report on discrimination and hate crimes against Jews living in EU

266http://fra.europa.eu/en/publication/2019/migration -bulletine-1_en 267http://fra.europa.eu/en/publication/2018/2-nd-european-union-minorities-and-discrimination-survey 268 Xenophobia, Radicalism and Hate Crimes in Europe, Annual Report of the Institute for National Policy and Ethnic Relations Studies, 2018 https://www.ru.civic-nation.org/Paneuropean%20Report-2018(ru).pdf 301 member states269. The study was published for the second time, and its first edition was issued in 2013, according to the results of a survey of respondents in seven EU member states in 2012. In preparing this document, the authors conducted an online survey of 16,395 "self-identifying Jews" over the age of 16 in 12 EU member states with more than 96% of the EU Jewish population (Austria, Belgium, Germany, Denmark, Spain, France, Hungary, Italy, Netherlands, Poland, Sweden, United Kingdom). The key conclusion of the report was that anti-Semitism "permeates" everyday life in the focus states. The vast majority of respondents (85%) consider anti-Semitism to be one of the most serious political and social problems in their countries of residence. Most often, respondents experience its manifestations on the Internet and social networks (89%), public places (73%), media (71%) and political life (70%). 50% of the British, 48% of Poles and 42% of Hungarians reported an anti- Semitic negative in the speeches of politicians, while 38% of Spaniards and 37% of Italians complained about the prevalence of this phenomenon in the scientific community. The most common anti-Semitic language is "Israelis behave like Nazis towards Palestinians" (51%), "Jews have too much power". (43%), "Jews exploit the theme related to the victims of the Holocaust for profit" (35%). The report states that people of Jewish origin living in EU member states are constantly concerned about their own safety. 28% of respondents were subjected to anti-Semitic attacks at least once in the year prior to the survey, and another 20% reported harassment or violence against any of their relatives and acquaintances. Respondents in France (91%), Belgium (81%), Germany (80%) and the Netherlands (71%) complain most about violence in public places. Among the "aggressors" of the representatives of the Jewish communities, 31% are unclassifiable citizens, 30% are Muslims with extremist views, 21% are

269 http://fra.europa.eu/en/publication/2018/2-nd-survey-discrimination-hate-crime-against-jews 302 persons with left-wing political views, and 13% are persons with right-wing political views. In summary, the vast majority of respondents (85%) believe that anti- Semitism and racism remain the most pressing problems in the monitoring countries, and the number of their manifestations has a steady upward trend. Police bias against certain ethnic groups remains a challenge in EU countries. According to the results of public opinion polls270, 40% of respondents named their nationality as the main reason for increased attention from law enforcement officials of EU member states. Thus, the most frequent cases of search, detention and violence during an interrogation against nationals of Equatorial Africa were recorded in Malta (66%), Italy (60% ), Austria (56%), Denmark (47%), Germany and France (42%); against immigrants from Turkey – in the Netherlands (43%), Sweden (31%) and Belgium (23%); against natives of North Africa – in Italy (71%), the Netherlands (61%) and Belgium (52%); and against Roma – in Portugal (84%), Greece (63%), the Czech Republic (57%), Romania (52%) and Croatia (45%). In the reporting period, one out of every four members of national minorities or immigrant communities in the countries monitored experienced at least one hate motivated harassment offence, and three per cent of respondents experienced physical violence (hate motivated physical attack)271. According to the statistics of hate crimes recorded in the EU countries, the Czech Republic (56%), Greece (50%), Portugal (20%), Hungary (18%) and Bulgaria (12%) were the most frequent perpetrators of hate crimes against Roma during 2017; against immigrants from North Africa – Finland (47%), Northern Ireland (38%), Luxembourg (38%), Portugal (15%) and the United Kingdom (13%); against nationals of Equatorial Africa – Sweden (44%), France (35%), and against nationals of Asia – Greece (41%) and the Netherlands (40%).

270 http://fra.europa.eu/en/publication/2018/fundamental-rights-report-2018 271 http://fra.europa.eu/en/publicatuons/2018/2-nd-second-european-union-minorities-and-discrimination-survey 303

A serious problem remains the refusal of a number of EU states to keep official statistics on hate crimes, which are usually investigated as ordinary crimes, and "hatred" is not recognized as an aggravating circumstance in some cases. According to FRA272, only 19 out of 28 EU member states collect and publish law enforcement data on hate crimes, four countries (Estonia, Italy, Poland and Portugal) maintain statistics but do not publish them, while Bulgaria, Latvia, Romania and Slovakia do not collect classified information on hate crimes. At the same time, statistics on such crimes are collected in different countries according to different identification and classification criteria (number of "crimes", "incidents, "reports of crimes", "complaints", "offenses"), which predetermines the rather tentative nature of comparative data on monitoring countries. In 2016-2017, FRA thoroughly collected official statistics on crimes motivated by racial intolerance in only ten States (Austria, Belgium, Croatia, Cyprus, Denmark, Estonia, Finland, France, Germany, Austria, Belgium, Czech Republic, Denmark, Finland, France and Spain); on anti-Semitic offences – in Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany and Spain; on Islamophobic crimes – in Austria, Denmark, Finland, France and the Czech Republic; on manifestations of racial intolerance against Roma – in in Finland and the Czech Republic and on religious crimes – in Denmark, Germany, Spain, Finland and Croatia273. However, the importance of including disaggregated data on cases and complaints of racial discrimination is regularly pointed out by the Committee on the Elimination of Racial Discrimination in its concluding observations following its consideration of States' national reports. This was also noted by the HRC Special Rapporteur on contemporary forms of racism274.

272 http://fra.europa.eu/en/publication/2018/hate-crime-recording 273 http://fra.europa.eu/en/publication/2018/hate-crimes-recording 274 See, e.g., para. 88 of the report on the fight against contemporary forms of racism of the 72nd session of the United Nations General Assembly (A/72/287). 304

Overall, as noted by FRA, 90% of hate crimes and 72% of incidents of hate-motivated violence in the EU space are not reported by victims to the national authorities and law enforcement agencies of the monitoring countries. As a result, only a small proportion of court cases involving racial crimes and discrimination is considered by court, and their statistics include isolated cases. FRA emphasizes the weak awareness of citizens of EU member states of their rights: according to the results of public opinion polls, about 75% of respondents do not know about their rights and have no idea where to turn in case of their violation, while representatives of vulnerable groups have no knowledge of the anti-discrimination legislation of the host country275. Despite the continuing increase in hate crimes on the Internet, as of early 2019, only 17 EU countries – Cyprus, Denmark, Finland, France, Germany, Greece, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovenia, Spain and Slovenia – ratified the Additional Protocol to the Council of Europe Convention on Cybercrime (in force since 2006), requiring CoE member states to criminalize the dissemination of racist and xenophobic information through computer networks. The negative role of the Internet in the dissemination of information calling for racism and xenophobia was emphasized by 80% of respondents276. In general, FRA notes an increase in the number of registered racist, xenophobic, anti-Semitic and Islamophobic crimes throughout the EU277. Stressing that the existing EU legal instruments and their application in practice do not have a sufficient impact in combating racism, ethnic and racial discrimination, FRA justifies the low activity of the EU supranational bodies by the fact that the protection and promotion of human rights remain the prerogative of the EU member states. At the same time, only half of them (Belgium, the Czech Republic, Germany, Spain, Finland, France, Croatia, Italy,

275 http://fra.europa.eu/en/publication/2018/fundamental-rights-report-2018 276 http://fra.europa.eu/en/publication/2019/2-nd-perseption-of-antisemitism-survey-summary-en 277 http://fra.europa.eu/en/publication/2018/fundamental-rights-report-2018 305

Lithuania, Latvia, the Netherlands, Sweden, Slovakia and the United Kingdom) adopted relevant national action plans to combat racism, xenophobia and ethnic discrimination. It is recognized that these phenomena are difficult to analyse and combat at the European level due to the lack of mechanisms for collecting comparable statistics and the impact on member states allowing human rights violations278. In a number of cases, there has been, at a minimum, condoning human rights violations on the part of the governing bodies of the European Union committed by member states. For example, the European Commission has shown persistent unwillingness to intervene in the situation with large-scale violations of the rights of the Russian-speaking population in Latvia and Estonia. Against the backdrop of assurances of increased attention in the EU to the growing manifestations of racial discrimination, xenophobia and related intolerance, FRA turns a blind eye to the phenomenon of mass statelessness in Latvia and Estonia, which has persisted for over twenty years, depriving hundreds of thousands of people of a number of political, social and economic rights. At the same time, the Governments of Latvia and Estonia not only ignore the size of the Russian-speaking population and the compact nature of their residence, but also concerns regarding such a policy, which has been repeatedly expressed by the relevant monitoring and expert bodies, the UN mechanisms, the Council of Europe and the OSCE. In Latvia, Lithuania and Estonia, the reforms aimed at narrowing down the Russian-speaking educational and cultural-information space are being purposefully continued.

278 http://fra.europa.eu/en/publication/2018/fundamental-rights-report-2018 ANNEXES to the Report Regarding the situation with the glorification of Nazism and the spread of Neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance

Annex 1. Text of the UN General Assembly resolution 73/157 ‘Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance’. Annex 2. List of co-sponsors of the UN General Assembly resolution 73/157 ‘Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance’. Annex 3. Voting records at the adoption of the UN General Assembly resolution 73/157 ‘Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance’. Annex 4. Text of the European Parliament resolution on the rise of neo-fascist violence in Europe (2018/2869(RSP)).

ANNEX 1

Seventy-third session Agenda item 72 (a)

Resolution adopted by the General Assembly on 17 December 2018

[on the report of the Third Committee (A/73/587)]

73/157. 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 Discrimination3 and other relevant human rights instruments, Recalling the provisions of Commission on Human Rights resolutions 2004/16 of 16 April 20044 and 2005/5 of 14 April 20055 and relevant Human Rights Council resolutions, in particular resolutions 7/34 of 28 March 2008,6 18/15 of 29 September 20117 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, 68/150 of 18 December 2013, 69/160 of 18 December 2014, 70/139 of 17 December 2015, 71/179 of 19 December 2016 and 72/156 of 19 December 2017 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 December 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 and 72/157 of 19 December 2017, entitled “A global call for concrete action 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”, Acknowledging other important initiatives of the General Assembly aimed at raising awareness about the suffering of victims of racism, racial discrimination, xenophobia and related intolerance and forms of discrimination, including in the historical perspective, in particular regarding commemoration of the victims of 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, 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 Judgment,

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, . 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. 308

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 parties, 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 implementation of discriminatory measures and policies at the local or national levels, Noting with concern that, even where neo-Nazis do not formally participate 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 so dangerous, Alarmed at music lyrics and video games that advocate racial hatred and incite discrimination, hostility or violence, Concerned by the use of Internet platforms by groups that propagate hate 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, Seriously concerned that neo-Nazi groups have increasingly targeted susceptible individuals, mainly children and youth, by means of specifically tailored websites with the aim of their indoctrination, Deeply concerned by all recent manifestations of violence and terrorism incited by violent nationalism, racism, anti-Semitism, Islamophobia, , xenophobia and related intolerance, including during sports events, Recognizing with deep concern the alarming increase in instances of discrimination, intolerance and extremist violence motivated by anti-Semitism, Islamophobia and Christianophobia and prejudices against persons of other ethnic origins, religions and beliefs, Noting with concern that the variation in national standards prohibiting hate speech may provide safe havens for neo-Nazi, violent nationalist, xenophobic or racist speech owing to the fact that many neo-Nazi and relevant extremist groups of a racist or xenophobic character operate transnationally by relying on Internet service providers or social media platforms, Expressing its concern about the use of digital technologies by neo-Nazis and other hate groups to disseminate their ideology, while recognizing that digital technologies are of great importan ce 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 9 and of the outcome document of the Durban Review Conference,10 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. 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

9 See A/CONF.189/12 and A/CONF.189/12/Corr.1, chap. I. 10 See A/CONF.211/8, chap. I. 309

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 with appreciation of the report of the Special Rapporteur of the Human Rights Council on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, prepared in accordance with the request contained in its resolution 72/156;11 4. Expresses its appreciation to the United Nations High Commissioner for Human Rights and her Office for their efforts to fight racism, racial discrimination, xenophobia and related intolerance, including the maintenance by the Office of the United Nations High Commissioner for Human Rights of the database on practical means to combat racism, racial discrimination, xenophobia and related intolerance; 5. 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 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; 6. Calls for the universal ratification and effective implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, 3 and encourages 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; 7. Encourages 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; 8. Encourages those States that have made reservations to article 4 of the Convention to give serious consideration to withdrawing such reservations as a matter of priority, as stressed by the Special Rapporteur; 9. Acknowledges that racism, racial discrimination, xenophobia and related intolerance in all its forms and manifestations, including neo-Nazism, Islamophobia, Christianophobia and anti-Semitism, are a threat to societies as a whole, not just to those racial and ethnic groups that are their direct target; 10. 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 extremist 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; 2 11. Encourages States parties to the Convention to ensure that their legislation is in accordance with their obligations under the Convention, including those under article 4; 12. 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 international 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 effectively address such practices is incompatible with the obligations of States Members of the United Nations under its Charter; 13. Expresses deep concern about increased frequency of attempts and activities intended 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

11 A/73/312. 12 A/72/291, para. 79. 310

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 14. Firmly condemns incidents that glorify and promote Nazism, such as acts involving pro- Nazi graffiti and paintings, including on monuments dedicated to victims of the Second World War; 15. Notes with concern the use of the Internet and social media by neo-Nazi groups to amplify their hate-filled messages and recruit new members across borders, while recognizing that the Internet can also be used to counteract these groups and their activities; 16. Also notes with concern the significant number of racist incidents worldwide, including the rise of skinhead groups, which have been responsible for many of these incidents, as wel l 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; 17. Reaffirms 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 and may be subject to certain restrictions, as set out in articles 19, 21 and 22 of the Covenant; 18. 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; 19. Takes note of the recommendation of the Special Rapporteur of the Human Rights Council on contemporary forms of racism, racial discrimination, xenophobia and related intoleranc e that education that seeks to the racist effects of nationalist should include accurate and representative 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 national histories and identities in order to sustain ethnonationalist myths of racially or ethnically “pure” nations; 14 20. 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; 21. 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 to States to take measures, including legislative, law enforcement and educational measures, to put an end to all forms of Holocaust denial; 15 22. Takes note of the conclusion 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 23. Calls upon States to continue to take adequate steps, including through national legislation, in accordance with international human rights law, aimed at preventing and countering hate speech and incitement to violence against persons in vulnerable situations and, where necessary, to consider reviewing national anti-racism legislation in the light of the increasingly open expression of hate speech and incitement to violence against such persons; 24. Expresses deep concern at the increase in instances of groups and individuals espousing ideologies of hatred through the Internet to disseminate ideas based on racial superiority or hatred, organize meetings and violent protests, fundraise and engage in other activities;

13 United Nations, Treaty Series, vol. 1125, No. 17512. 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. 311

25. Also 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; 26. 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; 27. Also stresses that all such practices may fuel contemporary forms of racism, racial discrimination, anti-Semitism, Islamophobia, Christianophobia, xenophobia and related intolerance and contribute 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; 28. 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; 29. Emphasizes the need to take the measures necessary to counter the practices described above, and calls upon States and all other stakeholders to take more effective measures in accordance with international human rights law to prevent, 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; 30. Underlines the importance of 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 movements or groups, thus enhancing better understanding of the phenomenon and identifying effective measures to address such racist and xenophobic crimes, and recalls in this regard the commitments made in the 2030 Agenda for Sustainable Development 17 on data, monitoring and accountability, including collecting data disaggregated by characteristics relevant in national contexts; 31. 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 whose advocacy constitutes incitement to racist and xenophobic violence, to strengthen their capacity to address racist and xenophobic crimes, to fulfil their responsibility for bringing to justice the perpetrators of such crimes and to combat impunity; 32. 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; 33. Takes note of 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 34. 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 xenophobic character;19

17 Resolution 70/1. 18 A/HRC/38/53, para. 16. 19 A/72/291, para. 83. 312

35. Takes note of 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 and to withdraw support – financial and otherwise – from political parties and other organizations that engage in neo-Nazi or other hate speech;20 36. Expresses concern that ethnic and racial profiling and police violence against persons in vulnerable situations 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 to i mpose appropriate sanctions against those within the public service found to have committed racially motivated violence or to have used hate speech; 37. Expresses deep concern about the increase in reported cases of racist, anti-Semitic, Islamophobic, Arabophobic, Afrophobic and xenophobic manifestations during sports events, including those committed by extremist groups of a racist or xenophobic character, including neo -Nazis and skinhead groups, and calls upon States, sports federations and other relevant stakeholders to strengthen measures to address such incidents, while also welcoming the steps that many States, sports federations and clubs have taken to eliminate racism at sporting events, including through sport practised without discrimination of any kind and in the Olympic spirit, which require human understanding, tolerance, inclusion, fair play and solidarity; 38. 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; 39. Notes measures taken by States to prevent discrimination against, in particular but not limited to, persons belonging to national or ethnic, religious and linguistic minorities, people of African descent, Roma, migrants, refugees and asylum seekers, and to ensure their integration into society, urges States to ensure the full and effective implementation of legal, policy and institutional measures protecting these individuals and groups, including women and girls, and recommends that States effectively 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; 40. Underlines that the roots of extremism are multifaceted and must be addressed through adequate measures such as education, awareness-raising and the promotion of dialogue, and in this regard recommends the increase of measures to raise awareness among young people o f the dangers of the ideologies and activities of extremist political parties, movements and groups; 41. Reaffirms, in this regard, the particular importance of all forms of education, including human rights education, as a complement to legislative measures, and calls upon States to continue to invest in education, in both conventional and non-conventional 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; 42. Recognizes the paramount role of education in promoting human rights and combating racism, racial discrimination, xenophobia and related intolerance, especially in promoting the principles of tolerance, inclusion and respect for ethnic, religious and cultural diversity and preventing the spread of extremist racist and xenophobic movements and ideas; 43. 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;22

20 A/HRC/38/53, para. 35 (c). 21 A/69/334, para. 81. 22 A/64/295, para. 104. 313

44. 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; 45. 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; 46. 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 superiority 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 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 also 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; 47. 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; 48. 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; 49. Encourages 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; 50. Expresses concern about the increased use of the Internet 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; 51. 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; 52. 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; 53. 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 314

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; 54. 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; 55. 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; 56. 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 other similar extremist ideological movements that incite racism, racial discrimination, xenophobia and related intolerance; 57. 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 future reports and seek and take into account in this regard the views of Governments and non -governmental organizations; 58. 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 related intolerance, including with the aim of implementing the provisions of the present resolution; 59. Requests the Special Rapporteur to prepare, for submission to the General Assembly at its seventy-fourth session and to the Human Rights Council at its forty-first session, reports on the implementation of the present resolution, and encourages the Special Rapporteur to pay spe cific attention to paragraphs 5, 11, 12, 13, 16, 23, 25, 42 and 43 above, based on the views collected in accordance with the request of the Commission, as recalled in paragraph 57 above; 60. Expresses its appreciation to those Governments and non-governmental organizations that have submitted information to the Special Rapporteur in the course of the preparation of her report to the General Assembly; 61. Encourages States and non-governmental organizations to provide information to the Special Rapporteur on developments with regard to the issues raised in the present resolution in order to contribute to the preparation of future reports to the General Assembly; 62. 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 movements that incite racism, racial discrimination, xenophobia and related intolerance; 63. 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 that go beyond sanctioning violations once they have occurred, includi ng the provision of remedies to victims of relevant violations; 64. Encourages Governments and non-governmental organizations to cooperate fully with the Special Rapporteur in the exercise of the tasks outlined in paragraph 59 above; 65. 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; 66. Decides to remain seized of the issue. 55th plenary meeting 17 December 2018

ANNEX 2 List of co-sponsors of the UN General Assembly resolution 73/157 ‘Combating glorification of Nazism, neo-Nazism and other practices that contribute to fueling contemporary forms of racism, racial discrimination, xenophobia and related intolerance’ (except Russia)

1. Algeria 28. 2. Angola 29. Lao People’s Democratic 3. Armenia Republic 4. Bangladesh 30. Mali 5. Belarus 31. Morocco 6. Benin 32. Myanmar 7. Bolivia (Plurinational State of) 33. Namibia 8. Brazil 34. Nicaragua 9. Burkina Faso 35. Niger 10. Burundi 36. Nigeria 11. Cambodia 37. Pakistan 12. Central African Republic 38. 13. China 39. Serbia 14. Congo 40. Seychelles 15. Cote d’Ivoire 41. Sierra Leone 16. Cuba 42. South Africa 17. Democratic People’s Republic 43. South Sudan of Korea 44. Sudan 18. Equatorial Guinea 45. Surinam 19. Eritrea 46. Syrian Arab Republic 20. Ethiopia 47. Tajikistan 21. Gambia 48. Togo 22. Ghana 49. Turkmenistan 23. guinea 50. Uganda 24. Guyana 51. Uzbekistan 25. India 52. Venezuela 26. Jordan 53. Viet Nam 27. Kazakhstan 54. Zimbabwe ANNEX 3 Vote on draft resolution ‘Combating glorification of Nazism, neo-Nazism and other practices that contribute to fueling contemporary forms of racism, racial discrimination, xenophobia and related intolerance’ at the 55th plenary meeting of the 73rd session of the UN General Assembly December 17, 2018

«YES» «NO» Abstain 129 2 54

- Afghanistan Y Dominica A Liechtenstein A San Marino A Albania Y Dominican A Lithuania Y Sao Tome and Principe Republic Y Algeria Y Ecuador A Luxembourg Y Saudi Arabia A Andorra Y Y Madagascar Y Senegal Y Angola Y El Salvador - Malawi Y Serbia Y Antigua and Barbuda Y Equatorial Y Malaysia Y Seychelles Guinea Y Argentina Y Eritrea Y Maldives Y Sierra Leone Y Armenia A Estonia Y Mali Y Singapore A Australia Y Eswatini A Malta A Slovakia A Austria Y Ethiopia - Marshall Islands A Slovenia Y Azerbaijan A Fiji Y Mauritania A Solomon Islands Y Bahamas A Finland Y Mauritius Y Somalia Y Bahrain A France Y Mexico Y South Africa Y Bangladesh Y Gabon - Micronesia (Federated States Y South Sudan of) Y Barbados Y Gambia A Monaco A Spain Y Belarus A Georgia Y Mongolia Y Sri Lanka A Belgium A Germany A Montenegro Y Sudan Y Belize Y Ghana Y Morocco Y Suriname Y Benin A Greece Y Mozambique A Sweden Y Bhutan Y Grenada Y Myanmar A Switzerland Y Bolivia (Plurinational Y Guatemala Y Namibia Y Syrian Arab Republic State of) A Bosnia and Y Guinea Y Nauru Y Tajikistan Herzegovina Y Botswana Y Guinea-Bissau Y Nepal Y Thailand Y Brazil Y Guyana A Netherlands A The Former Yugoslav Republic of Macedonia Y Brunei Darussalam Y Haiti A New Zealand Y Timor-Leste A Bulgaria Y Honduras Y Nicaragua Y Togo - Burkina Faso A Hungary - Niger A Tonga Y Burundi A Iceland Y Nigeria Y Trinidad and Tobago Y Cabo Verde Y India A Norway Y Tunisia Y Cambodia Y Indonesia Y Oman A Turkey Y Cameroon - Iran (Islamic Y Pakistan Y Turkmenistan Republic of) A Canada Y Iraq A Palau Y Tuvalu Y Central African A Ireland Y Panama Y Uganda Republic - Chad Y Israel Y Papua New Guinea N Ukraine Y Chile A Italy Y Y United Arab Emirates Y China Y Jamaica Y Peru A United Kingdom Y Colombia A Japan Y Philippines Y United Republic of Tanzania Y Comoros Y Jordan A Poland N United States Y Congo Y Kazakhstan A Portugal Y Uruguay Y Costa Rica Y Kenya Y Qatar Y Uzbekistan Y Cote d’Ivoire A Kiribati A Republic of Korea Y Vanuatu A Croatia Y Kuwait A Republic of Moldova Y Venezuela Y Cuba Y Kyrgyzstan A Romania Y Viet Nam A Cyprus Y Lao People’s Y Russian Federation Y Yemen Democratic Republic A Czech Republic A Latvia Y Rwanda Y Zambia Y Democratic People’s Y Lebanon Y Saint Kitts and Nevis Y Zimbabwe Republic of Korea Y Democratic Republic of Y Lesotho Y Saint Lucia the Congo A Denmark A Liberia Y Saint Vincent and the Grenadines Y Djibouti Y Libya A Samoa

ANNEX 4. European Parliament 2014-2019

TEXTS ADOPTED Provisional edition

P8_TA-PRC)V(2018)0428 Rise of neo-fascist violence in Europe European Parliament resolution of 25 October 2018 on the rise of neo- fascist violence in Europe (2018/2869(RSP)) The European Parliament,

- having regard to the Universal Declaration of Human Rights, - having regard to the report of 9 May 2017 by the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, - having regard to UN General Assembly Resolution 71/179 of 19 December 2016 on ‘Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance’, - having regard to the European Convention on Human Rights, in particular Article 14 thereof and Protocol No 12 thereto, - having regard to the International Convention on the Elimination of All Forms of Racial Discrimination, - having regard to the Charter of Fundamental Rights of the European Union, - having regard to Articles 2, 3, 6 and 7 of the Treaty on European Union (TEU), 319

- having regard to Council Directive 2000/43/EC of 29 June 20001 prohibiting discrimination on grounds of race and ethnic origin (the Race Equality Directive), - having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law2, - - having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime3, - having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations4 - having regard to the establishment in June 2016 of the EU High Level Group on combating racism, xenophobia and other forms of intolerance, - having regard to the Council of Europe resolution of 30 September 2014 on counteraction to manifestations of neo-Nazis’ and right-wing extremism, - having regard to the EU Code of Practice on Disinformation, - having regard to the Code of Conduct on Countering Illegal Hate Speech Online, - having regard to Rule 123(2) and (4) of its Rules of Procedure,

A. whereas as enshrined in Article 2 of the TEU, the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas these values are common to all Member

1 OJL 180, 19.7.2000, p. 22. 2OJL 328, 6.12.2008, p. 55. 3 OJ 315, 14.11.2012.p.57 4 OJ 317, 4.11.2014, p.1. 320

States;

B. whereas the lack of serious action against neo-fascist and neo-Nazi groups has enabled the occurrence of the current xenophobic surge in Europe;

C. whereas openly neo-fascist, neo-Nazi, racist and xenophobic groups and political parties have been inciting hatred and violence in society, reminding us of what they were capable of doing in the past;

D. whereas the dissemination of hate speech online often leads to a rise in violence, including by neo-fascist groups;

E. whereas neo-fascist groups have taken the lives of thousands of people of all kinds, such as refugees and immigrants, ethnic and religious minorities, LGBTQI people, human rights defenders, activists, politicians and members of the police force;

F. whereas neo-fascist groups use and abuse our democratic tools to spread hate and violence;

G. whereas, as reported by Europol, the EU Security Commissioner Sir Julian King, speaking at an event on 22 March 2017 to commemorate the 2016 Brussels attacks, highlighted the growing menace of right-wing violent extremism, stating that he was not aware of a single EU Member State that is not affected by the phenomenon in some way, specifically citing the , the assassination of British MP Jo Cox, and attacks on asylum centers and mosques across Europe to highlight what he warned was a ‘less reported’ threat to security; whereas neo- fascist and neo-Nazi groups manifest themselves in a variety of forms; whereas most of these groups exclude certain individuals or groups from society; whereas these organisations often use aggressive language towards minority groups and seek to justify their doing so by invoking the principle of freedom of speech; whereas the right to freedom of speech is not absolute; 321

H. whereas Article 30 of the Universal Declaration of Human Rights clearly states that nothing in the declaration ‘may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms’ set forth therein; I. whereas the International Convention on the Elimination of All Forms of Racial Discrimination affirms that its States Parties condemn all propaganda and all organisations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin; J. whereas the promotion of fascism is banned in several Member States pursuant to their national laws; K. whereas the TESAT 2018 Europol report recorded a near doubling in the number of individuals arrested for right-wing extremist offences in 2017; L. whereas on 22 July 2011, 77 people were killed and 151 injured in the Norway attacks; M. whereas on 16 June 2016 Jo Cox, Member of the UK Parliament, was brutally murdered in Birstall, UK; N. whereas according to the TESAT 2018 Europol report, five foiled, failed or completed terrorist attacks attributed to far-right individuals were reported in 20175 in the United Kingdom; O. whereas on 21 September 2018 Eleonora Forenza, МЕР, and her assistant Antonio Perillo were assaulted after an anti-fascist demonstration in Bari, Italy; P. whereas the French intelligence service has expressed concern at the increasing number of members of military and law enforcement forces joining far-right violent groups6;

5 https://www.europol.europa.eu/activities-services/main-reports/european-union-terrorism-situation-and-trend- report-2018-tesat-2018 6 https://www.mediapart.fr/journal/france/090418/forses-de-1-odre-liees-1-ultra-droite-violente-la-dgsi-s- inquiete?onglet=fullr 322

Q. whereas the European Commission against Racism and Intolerance (ECRI), established by the Council of Europe, expressed alarm over the rise of right- wing extremism and neo-fascism in Croatia in a report published on 15 May 20187; R. whereas in Poland, during a demonstration in November 2017, pictures of six Members of the European Parliament, who stood up for tolerance, the rule of law and other European values, were strung from a makeshift gallows in a public square in the southern city of Katowice by the members of the far-right Polish movement ONR (National Radical Camp); whereas an investigation is still ongoing, but no charges have been brought so far against any of the suspects, even though the event was reported in numerous media, including video footage; S. whereas in November 2017 to mark Poland’s independence day, far-right organisations organised a large demonstration in Warsaw, gathering more than 60 000 people; whereas the demonstrators were holding xenophobic banners with slogans such as ‘white Europe of brotherly nations’, including some depicting the ‘falanga’, a fascist symbol from the 1930s; T. whereas the trial of the neo-Nazi party Golden Dawn, on charges of being a criminal organisation and of the assassination of Pavlos Fyssas, among other crimes, including attempted murder, is still ongoing in Greece; U. whereas on 21 September 2018 LGBTQI activist Zak Kostopoulos was brutally assassinated in the center of Athens; whereas one of the accused is allegedly related to extreme-right forces; whereas a full investigation is needed so that those responsible for his ill-treatment and death can be brought to justice; V. whereas an Italian man has been sentenced to 12 years in prison for shooting and wounding six African migrants in a racially motivated attack in the central Italian city of Macerata;

7 https://rm.coe.int/fifth-report-on-croatia/16808b57be 323

W. whereas seven members of a far-right ‘vigilante’ group arrested in Chemnitz in mid-September 2018 for breaching the peace were recently arraigned on suspicion of forming a terrorist organisation calling itself Revolution Chemnitz; whereas according to federal state prosecutors, investigators had upgraded the charges from criminal to terrorist after reviewing the group’s internal communications; X. whereas in France on 7 December 2017 five members of the movement Gen6ration Identitaire were convicted of incitement to racial and religious hatred; whereas individuals linked to far-right groups, including Action Fransaise, were planning a terrorist attack against a number of French politicians and mosques during the 2017 presidential elections; whereas on 24 June 2018, 10 members of the far-right group Action des Forces Operationnelles (AFO) were arrested for planning a series of attacks targeting members of the Muslim community; whereas on 14 September 2018, two ex-skinheads were found guilty of the murder of Clement Meric, a young student and antifascist activist killed in June 2013; Y. whereas in Spain 12 members of the neo-Nazi organisation Hogar Social Madrid are currently being investigated for incitement to hatred; whereas members of the Spanish fascist groups Falange, Alianza Nacional and Democracia Nacional were arrested and convicted by the Supreme Court in Spain after attacking the Blanquema Cultural Centre in Madrid during the celebrations of Catalonia’s National Day in 2013; whereas in 2016 the anti-racist NGO SOS Racismo documented 309 cases of xenophobic violence; whereas the president of this organisation received death threats after reporting these cases and has condemned the lack of effective mechanisms to denounce these crimes; Z. whereas 19 people have been accused by the Foundation, an entity that glorifies a dictatorship and its crimes, and the Franco family of several offences that could amount to 13 years of prison after carrying 324

out a peaceful and symbolic action which involved unfurling two large banners from the Pazo de Meiras manor house calling on the public authorities to intervene to reclaim this property for the Galician people; AA. whereas the Spanish Congress of Deputies has adopted a motion to move Francisco Franco’s remains from his tomb at the war memorial known as the Valley of the Fallen, a place of pilgrimage for the far right; whereas all remaining symbols or monuments exalting the military uprising, the civil war and Franco’s dictatorship should effectively be removed and those that cannot be removed should be subject to the necessary contextualisation and reinterpretation, so that they may contribute to public awareness and remembrance of the past; AB. whereas the neo-Nazi Nordic Resistance Movement (NMR) regularly stages rallies throughout , chanting slogans and waving the organisation’s green-and- white flags; whereas several members of the NMR have been convicted for violent attacks on civilians and the police; whereas the numerous arson attacks against refugees reception centers led the Swedish Government in 2015 to hide the location of buildings earmarked for housing refugees; AC. whereas every year on 16 March thousands of people gather in Riga for Latvian Legion Day to honour Latvians who served in the Waffen-SS; AD. whereas since the beginning of 2018 С14 and other far-right groups in Ukraine such as the Azov-affiliated National Militia, Right Sector, Karpatska Sich and others have attacked Roma groups several times, as well as anti-fascist demonstrations, city council meetings, an event hosted by Amnesty International, art exhibitions, LGBTQI events, women’s rights and environmental activists;

1. Strongly condemns and deplores the terrorist attacks, murders, psychological violence, violent physical attacks and marches by neo- fascist and neo-Nazi organisations that have taken place in various EU 325

Member States;

2. Is deeply concerned at the increasing normalisation of fascism, racism, xenophobia and other forms of intolerance in the European Union, and is troubled by reports in some Member States of collusion between political leaders, political parties and law enforcement with neo-fascists and neo- Nazis;

3. Is especially worried about the neo-fascist violence affecting society as a whole and targeting particular minorities such as black Europeans/people of African descent, Jews, Muslims, Roma, third-country nationals, LGBTI people and persons with disabilities;

4. Strongly condemns all violent attacks by neo-fascist groups against politicians and members of political parties as reported in some Member States, and in particular the recent attack by CasaPound fascist squads against Eleonora Forenza, МЕР, her assistant Antonio Perillo and others who took part in an anti-fascist demonstration on 21 September 2018 in Bari, Italy;

5. Is deeply concerned by the impunity with which neo-fascist and neo-Nazi groups operate in some Member States and stresses that this sense of impunity is among the reasons that explain the alanning rise in violent actions by certain far-right organisations;

6. Acknowledges the worrying trend of neo-fascist and neo-Nazi groups using social media and the internet to organise and strategise across the European Union;

7. Deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence;

8. Recalls that the fascist ideology and intolerance are always associated with an attack on democracy itself; 326

9. Calls on the Member States to strongly condemn and sanction hate crime, hate speech and by politicians and public officials at all levels and on all types of media, as they directly normalise and reinforce hatred and violence in society;

10. Calls on the Member States to take further measures to prevent, condemn and counter hate speech and hate crime;

11. Calls on the Commission, the Member States and social media companies to counteract the spread of racism, fascism and xenophobia on the internet, in cooperation with the relevant civil society organisations at a national and international level;

12. Calls on the Member States to investigate and prosecute hate crimes and to share best practices for identifying and investigating hate crimes, including those motivated specifically by the various forms of xenophobia;

13. Calls on the Member States to envisage and provide for adequate support for the victims of racist or xenophobic crimes and hate crimes, and the protection of all witnesses against the perpetrators;

14. Calls on the Member States to set up anti-hate crime units in police forces; calls on police forces to ensure that their personnel do not engage in any form of racist, xenophobic or discriminatory act, and that any such act committed is investigated and those responsible brought to justice;

15. Calls on the Commission to launch a call for civil society organisations to monitor and report hate speech and hate crime in the Member States;

16. Supports, commends and calls for the protection of community groups and civil society organisations that fight against fascism, racism, xenophobia and other forms of intolerance;

17. Calls for consolidated EU anti-discrimination legislation, including the transposition/implementation of existing legislation and the passing of new legislation, including the Equal Treatment Directive;

18. Recalls that Council Framework Decision 2008/913/JHA on combating 327

certain forms and expressions of racism and xenophobia by means of criminal law, the implementation deadline for which was November 2010, provides for a legal base for imposing penalties on legal persons publicly inciting violence or hatred against a minority group, such as exclusion from public benefits, disqualification from commercial activities, placement under judicial supervision or the issuance of a winding-up order;

19. Urges the Commission to update its 2014 report on the implementation of the aforementioned Council Framework Decision, and to initiate infringement proceedings against those Member States that have not complied with the provisions of the Decision;

20. Urges the Member States to safeguard their compliance with the provisions of the Council Framework Decision, to counter organisations spreading hate speech and violence in public spaces and online and to effectively ban neo-fascist and neo-Nazi groups and any other foundation or association that exalts and glorifies Nazism and fascism, while respecting domestic legal order and jurisdiction;

21. Calls for full and timely cooperation between law enforcement, intelligence agencies, the judiciary and civil society organisations in the fight against fascism, racism, xenophobia and other forms of intolerance;

22. Calls on the Member States to follow the Council of Europe’s recommendations on counteracting manifestations of neo-Nazism and right-wing extremism;

23. Calls on the Member States to provide mandatory, human rights-based and service- oriented in-service training to law enforcement officers and officials in the judicial system at all levels;

24. Calls on the Member States to focus on prevention through education, awareness- raising and the exchange of best practices;

25. Calls on the Member States and national sports federations, in particular 328

football clubs, to counteract the scourge of racism, fascism and xenophobia in stadiums and in the sports culture by condemning and punishing those responsible and by promoting positive educational activities targeting young fans, in cooperation with schools and the relevant civil society organisations;

26. Encourages the Member States to provide training to those working in public broadcasting and the media to raise their awareness about the challenges and discrimination faced by the victims of neo-fascist and neo- Nazi groups;

27. Calls on the Member States to put in place national ‘exit programmes’ to help individuals to leave violent neo-fascist and neo-Nazi groups; underlines that such programmes should go far beyond one-to-one interventions and should involve longterm support for those struggling to find jobs, relocate and develop new and safe social networks;

28. Emphasises that an awareness of history is one of the preconditions for preventing such crimes from occurring in the future and plays an important role in educating the younger generations;

29. Calls on the Member States to condemn and counteract all forms of Holocaust denial, including the trivialisation and minimalisation of the crimes of the Nazis and their collaborators; points out that the truth about the Holocaust must not be trivialised by political and media discourses;

30. Calls for a common culture of remembrance that rejects the fascist crimes of the past; is deeply worried that the younger generations in Europe and elsewhere feel less and less concerned about the history of fascism, and hence risk becoming indifferent to new threats;

31. Encourages the Member States to promote education through mainstream culture on the diversity of our society and on our common history, including the atrocities of World War II, such as the Holocaust, and the systematic dehumanisation of its victims over a number of years; 329

32. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Council of Europe, the Organisation for Security and Cooperation in Europe and the United Nations.