A/RES/40/148 GA

256 General Assembly-Fortieth Session 5. Encourages the Govemments concemed to consider with special attention the wish of the Working Group, when such a wish is expressed, to visit their countries, thus enabling the Group to fulfil its mandate even more effec- tively; 6. Cal/s upon the Commission on Human Rights to continue to study this question as a matter of priority and to take any step it may deem necessary to the pursuit of the task of the Working Group when it considers the report to be submitted by the Group to the Commission at its forty-second session; 7. Renews its request to the Secretary-General to con- tinue to provide the Working Group with ali necessary assistance. 116th plenary meeting 13 December 1985 40/148. Measures to be taken against Nazi, Fascist and neo-Fascist activities and ali other forms of totalitarian ideologies and practices based on racial intolerance, hatred and terror The General Assembly, Recalling that the United Nations emerged from the struggle against nazism, fascism, aggression and foreign occupation, and that the peoples expressed their resolve in the Charter of the United Nations to save future genera- tions from the scourge of war, Reaffirming the purposes and principies laid down in the Charter, which are aimed at maintaining intemational peace and security, developing friendly relations among nations based on respect for the principie of equal rights and the self-determination of peoples and achieving inter- national co-operation in promoting and encouraging respect for human rights and fundamental freedoms for all, Recalling that 8 and 9 May 1985 marked the days ofthe fortieth anniversary of victory over nazism and fascism in the Second World War and of that struggle against them, Bearing in mind the suffering, destruction and death of millions of victims of aggression, foreign occupation, nazism and fascism, Recal/ing a/so the close relationship between ali totali- tarian ideologies and practices based on racial or ethnic exclusiveness or intolerance, hatred and terror and the sys- tematic denial ofhuman rights and fundamental freedoms, Firmly convinced that the best bulwark against nazism and racial discrimination is the establishment and mainte- nance of democratic institutions, that the existence of gen- uine political, social and economic democracy is an effec•- tive vaccine and an equally effective antidote against the formation or development of Nazi movements and that a political system which is based on freedom and effective participation by the people in the conduct of public affairs and under which economic and social conditions are such as to ensure a decent standard of living for the population makes it impossible for fascism, nazism or other ideolo- gies based on racism and racial discrimination, hatred and terror to succeed, Emphasizing that ali totalitarian or other ideologies and practices, including Nazi, Fascist and neo-Fascist ones, based on racial or ethnic exclusiveness or intolerance, hatred, terror or systematic denial of human rights and fundamental freedoms, or which have such consequences, may jeopardize world peace and constitute obstacles to 197 Resolution 1904 (X Vlll ). 198 Resolution 1 5 14 (X V) friendly relations between States and to the realization of human rights, fundamental freedoms and social progress in the world, Acknow/edging with satisfaction the fact that many States have established systems based on the inherent dig- nity and the equal and inalienable rights of all human beings, which are the basis of a democratic society and the best bulwark against totalitarian ideologies and practices, and have set up legal regulations which are suited to pre- vent the activities ofNazi, Fascist and neo-Fascist groups and organizations, Noting that, nevertheless, in the contemporary world there continue to exist various forms oftotalitarian ideolo- gies and practices which entail contempt for the individual or denial of the intrinsic dignity and equality of ali human beings, of equality of opportunity in civil, political, econo- mic, social and cultural spheres, and of social justice, Deeply a/armed at the existence of groups and organiza- tions which propagate totalitarian ideologies and practices, including Nazi, Fascist and neo-Fascist ones, which vio- late human rights and fundamental freedoms, in particular the rights to self-determination, to life, liberty and security of person and to freedom from discrimination, and which thereby constitute a threat to the purposes and principies laid down in the Charter of the United Nations, Conscious of the need to counter the spread of totalitar- ian ideologies and practices based on the systematic denial ofhuman rights and fundamental freedoms, racial intoler- ance, hatred and terror, Stressing that totalitarian régimes based on racial or eth- nic exclusiveness or intolerance, hatred or terror or the systematic denial of human rights and fundamental free- doms seek to ensure their domination and their economic and social privileges at the expense of other peoples or racial or ethnic groups, which they oppress and exploit, Reaffirming that the prosecution and punishment ofwar crimes and crimes against peace and humanity, as laid down in General Assembly resolutions 3 (1) of 13 February 1946 and 95 (1) of 11 December 1946, constitute a univer- sal commitment for ali States, Mindful of the principies of intemational co-operation in the detection, arrest, extradition and punishment ofper- sons guilty ofwar crimes and crimes against humanity, set forth in General Assembly resolution 3074 (XXVIII) of 3 December 1973, Reca/ling its resolutions 2331 (XXII) of 18 December 1967, 2438 (XXIII) of 19 December 1968, 2545 (XXIV) of 11 December 1969, 2713 (XXV) of 15 December 1970, 2839 (XXVI) of 18 December 1971, 34/24 of 15 November 1979, 35/200 of 15 December 1980, 361162 of 16 December 1981, 37/179 of 17 December 1982, 38/99 of 16 December 1983 and 39/114 of 14 December 1984, Recal/ing further the Declaration on Social Progress and Development, 20 the U nited Nations Declaration on the Elimination of Ali Forms of Racial Discrimination, 197 the Declaration on the Granting of lndependence to Colonial Countries and Peoples198 and the Declaration on the Elim- ination of Ali Forms of lntolerance and of Discrimination Based on Religion or Belief, 199 Under/ining the importance of the Universal Declara- tion of Human Rights,6 the lntemational Covenants on Human Rights, 24 the lntemational Convention on the Elimination of Ali Forms of Racial Discrimination, 11 the Convention on the Prevention and Punishment of the Crime of Genocide,200 the Convention on the Non-Appli- cability of Statutory Limitations to War Crimes and 199 Resolution 36 155. 200 Resolution 260 A (lll). annex. VI. Resolutions adopted on tbe reports of tbe Tblrd Committee 257 Crimes against Humanity,201 the lntemational Convention on the Suppression and Punishment ofthe Crime of Apart- heid12 and other relevant intemational instruments, Reaffirming that the ideologies and practices described above are incompatible with the purposes and principies of the Charter of the United Nations and the above-men- tioned intemational instruments, Mindful that the fortieth anniversary of the end of the Second World War served to mobilize efforts ofthe world community in its struggle against those ideologies and practices, Viewing with deep concern that the proponents of Fascist ideologies have, in a number of countries, intensified their activities and are increasingly co-ordinating them on an intemational scale, Expressing its concern that Fascist and Nazi and other totalitarian ideologies and practices are inherited, inter afia, by repressive racist régimes practising gross and fla- grant violations ofhuman rights and the systematic denial of human rights and fundamental freedoms, 1. Again condemns ali totalitarian or other ideologies and practices, including Nazi, Fascist and neo-Fascist ide- ologies, based on racial or ethnic exclusiveness or intoler- ance, hatred and terror, which deprive people of basic human rights and fundamental freedoms and of equality of opportunity, and expresses its determination to combat those ideologies and practices; 2. Urges ali States to draw attention to the threat to democratic institutions by the above-mentioned ideologies and practices and to consider taking measures, in accord- ance with their national constitutional systems and with the provisions of the Universal Declaration of Human Rights and the Intemational Covenants on Human Rights, to prohibit or otherwise deter activities by groups or organizations or whoever is practising those ideologies; 3. Invites Member States to adopt, in accordance with their national constitutional systems and with the provi- sions of the Universal Declaration of Human Rights and the Intemational Covenants on Human Rights, as a matter ofhigh priority, measures declaring punishable by law any dissemination of ideas based on racial superiority or hatred and ofwar propaganda, including Nazi, Fascist and neo-Fascist ideologies; 4. Calls upon ali States, in accordance with the basic principies of intemational law, to refrain from practices aimed at the violation of basic human rights and which constitute a threat to peace and intemational security; 5. Welcomes the fact that on 8 May 1985 the Econo- mic and Social Council held a solemn commemorative ceremony, in the light oí General Assembly resolution 39/ 114, the purpose of which was to underline the continuing relevance ofthe Charter ofthe United Nations, the impor- tance of intemational co-operation towards peace, security and development and the promotion of human rights and fundamental freedoms and in particular the fundamental right to life, liberty and security of person; . 6. Gives e~p~ession to the respect felt by today's genera- t1on for the v1ct1ms of and the struggle of peoples against nazism and fascism in the Second World War and for the establishing of the United Nations in order to save man- kind from the scourge of war and to reaffirm faith in fun- damental human rights and in the dignity and worth ofthe human person; 7. Appea/s to ali States that have not yet done so to become parties to the lntemational Covenants on Human Rights, the Convention on the Prevention and Punish- 20l Resolution 2391 (XXlll), annex. 202 E/CN.4/1503*. ment of the Crime of Genocide, the Intemational Conven- tion on the Elimination of Ali Forms of Racial Discrimi- nation, the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity and the lntemational Convention on the Sup- pression and Punishment of the Crime of Apartheid; 8. Reiterates its request to the appropriate specialized agencies, as well as other intergovemmental organizations and intemational non-govemmental organizations, to ini- tiate or intensify measures against the ideologies and prac- tices described in paragraph 1 above; 9. Requests the Secretary-General to ensure that the Department of Public Information of the Secretariat pays due attention to the dissemination of information expos- ing the ideologies and practices described in paragraph 1 above; 10. Invites ali States and intemational organizations to submit to the Secretary-General their comments and information on the implementation of the present resolu- tion; l l. Requests the Secretary-General to submit a report, through the Economic and Social Council, to the General Assembly at its forty-first session in the light ofthe discus- sion that will talce place in the Commission on Human Rights and on the basis of comments provided by States and intemational organizations. 116th p/enary meeting 13 December 1985 40/149. Human rights and mass exoduses The General Assembly, Mindful of its general humanitarian mandate under the Charter of the United Nations to promote and encourage respect for human rights and fundamental freedoms, Deep/y disturbed by the continuing scale and magnitude of exoduses of refugees and displacements of population in man y regions of the world and by the suffering of millions of refugees and displaced persons, Conscious of the fact that human rights violations are among the multiple and complex factors causing mass exo- duses of refugees, as indicated in the study of the Special Rapporteur of the Commission on Human Rights on this subject, 2º2 Considering the efforts which have been made to address this subject within the United Nations, in particular by the Commission on Human Rights, A ware of the recommendations conceming mass exo- duses made by the Commission on Human Rights to its Sub-Commission on Prevention of Discrimination and Protection of Minorities and to the special rapporteurs for their study of the violations of human rights in any part of the world, Deep/y preoccupied by the increasingly heavy burden being imposed upon the intemational community as a whole, particularly upon developing countries with limited resources of their own, by these sudden mass exoduses and displacements of population, Stressing the need to improve intemational co-opera- tion aimed at the prevention ofnew massive flows ofrefu- gees in parallel with the provision of adequate solutions to actual refugee situations, Taking note of the report of the Group of Govemmental Experts on Intemational Co-operation to A vert New Flows of Refugees, 203 203 A/401385. annex.

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