Bans on Communist symbols

Bans on Communist symbols were introduced or suggested in a number of countries as part of their policies of decommunization.[1]

These bans may pursue two goals. Bans of the symbolic of the former criminal regimes aim at protecting the dignity of the victims. On the other hand, bans on propaganda of violent ideologies may serve to protect the fundamental freedoms.[2]

Particular countries

United States

During the Red Scare of 1919–20 in the United States, many states passed laws forbidding the display of red flags, including Minnesota, South Dakota, Oklahoma,[3] and California. In Stromberg v. California, the United States Supreme Court held that such laws are unconstitutional.[4]

Post-Soviet states

In 2009, such ban was proposed in Moldova by parlamentarian Oleg Serebryan,[5] and the law came into an effect in 2012.[6] The Constitutional Court of Moldova found it unconstitutional.[7] (October 1, 2012 – June 4, 2013)

In Ukraine the corresponding law was introduced in 2015, see Decommunization in Ukraine. Earlier, in 2012 the city of Lviv in Western Ukraine banned the public display of Communist symbols.[1]

On November 30, 2006, Estonian government signed the draft law to ban politically motivated display of Soviet and Nazi symbols in public places.[8] On January 24 2007 it was passed in the first reading by the parliament. The bill specifies those symbols: the flags, coats of arms, other attributes, and slogans of the USSR, the Communist Party of the Soviet Union, Germany’s Nazi party NSDAP (National-Socialist Party of the German Workers), and its SS organization.[9] However it eventually failed the parliamentary committee on the grounds of the freedom of speech.

Lithuania banned Soviet and Nazi symbols in 2008 (Article 18818 of the Code of Administrative Offences) under the threat of a fine.[10] Article 5 of the Law on Meetings prohibits meetings involving Nazist and Soviet imagery.[11] As of 2015, the laws were in effect.[12]

In June 2014, Latvian parliament has approved the ban of the display of Soviet and Nazi symbols at all public events. The ban involves flags, anthems, uniforms, Nazi swastika and Soviet hammer and sickle.[13]

In Georgia a ban was introduced in 2010,[14] but it failed to define the applicable sanctions.[15] In 2014, there was a proposal to amend the ban,[16] however as of 2015, the law remained inactive.[17]

Former Soviet Bloc

In 1991, in Czechoslovakia the criminal code was amended with w § 260 which banned propaganda of movements which restricted human rights and freedoms, citing Nazism and Communism. Later the specific mentions of these were removed citing their lack of clear legal definition. However the law itself was recognized as constitutional.[7][18] Similar general bans on totalitarian ideology and its symbols exist in some other countries, include Albania, the Czech Republic, Germany, Italy and Slovakia,[19]

In 2009, in Poland[5] §§ 2 to 4 were added to Article 286, which ban "fascist, communist or other totalitarian symbols" unless used " as part of artistic, educational, collecting or academic activity." On July 19, 2011, the Constitutional Tribunal of Poland found this ban unconstitutional due to the violation of freedom of expression.[20]

In 2005, there was a petition in Czech Republic to ban the promotion of Communism and in 2007, there was a proposed amendment to the law to ban Communist symbols. Both attempts failed.[21]

Hungary had a law (Article 269/B of the Criminal Code (2000)) that banned the use of symbols of fascist and communist dictatorships.[22][7] The same year the Constitutional Court upheld the law when it was challenged, claiming that the involved restriction of the freedom of expression was justified.[23] In July 2008 European Court of Human Rights considered the challenge of Attila Vajnai who was charged with misdemeanor for use of the red star and declared the Hungarian law to be in violation of the freedom of expression. The Court recognized the gross violations by the Nazi and Communist regimes, however it noted that modern Hungary is a stable democracy with negligible chance of dictatorshim, therefore restrictions of the freedom of expression have no justification in the country in the form of a "clear, pressing and specific social need".[24] Eventually the law was annulled in 2013, by the Constitutional Court citing the lack of precise definition and the European Court of Human Rights.[25]

Romanian Law 51/1991, Art.3 considers the following as threats to national security: "initiating, organizing, committing or supporting in any way totalitarian or extremist actions of a communist, fascist, legionary or of any other racist, antisemitic, revisionist, separatist nature that can endanger in any way the unity and territorial integrity of Romania, and inciting actions that can endanger the rule of law". Symbolics is not mentioned in the Law.

European Union

In January 2005, Vytautas Landsbergis, backed by Member of the European Parliament from Hungary, Jozsef Szajer, urged a ban on the Communist symbols in the European Union, in addition to Nazi symbols.[26] In February 2005, the European Commission rejected calls for a proposed Europe-wide ban on Nazi symbols to be extended to cover Communist Party symbols as well. However this rejection did not rule out the individual states having their laws in this respect.[27][28] In December 2013, a group of MEP including Landsbergis addressed a letter to the President of the European Parliament, in which they requested a ban of symbols of totalitarian regimes. However in his reply on 14 February 2014, President stated he did not consider the ban of genocidal totalitarian symbols necessary.[29]

See also

References

  1. 1 2 Communist Symbol Ban Spreads Among Russia’s Neighbors
  2. ↑ JOINT AMICUS CURIAE BRIEF, p. 17
  3. ↑ Zechariah Chafee, Jr., Freedom of Speech (NY: Harcourt, Brace and Howe, 1920), 180ff., Appendix V
  4. ↑ Stromberg v. California, 283 U.S. 359 (1931).
  5. 1 2 "New Polish law equates Communist and Nazi symbols"
  6. ↑ "Moldova: Ban on Use of Communist Symbols"
  7. 1 2 3 "Analysis of the Law on Prohibiting Communist Symbols"
  8. ↑ "Estonia Proposes Ban On Soviet, Nazi Symbols", RFE/RL
  9. ↑ "MOSCOW STUNG BY ESTONIAN BAN ON TOTALITARIANISM’S SYMBOLS", Eurasia Daily Monitor, Vol. 4, Issue 19, 2007
  10. ↑ "Lithuanian ban on Soviet symbols". BBC News. 2008-06-17.
  11. ↑ JOINT AMICUS CURIAE BRIEF, p. 11
  12. ↑ "Audi featuring Soviet symbols banned from entering Lithuania"
  13. ↑ Latvia Bans Soviet, Nazi Symbols, RIA Novosti, 21 Jun 2013, retrieved 14 Sep 2014
  14. ↑ "Georgia: Ban on Soviet Symbols Proposed"
  15. ↑ http://dfwatch.net/georgia-to-enforce-ban-on-communist-symbols-44753-23804
  16. ↑ "Communist symbols to be banned in Georgia"
  17. ↑ "Decommunization of Georgia: causes, excuses and permanent interference."
  18. ↑ "JOINT AMICUS CURIAE BRIEF FOR THE CONSTITUTIONAL COURT OF MOLDOVA ON THE COMPATIBILITY WITH EUROPEAN STANDARDS", p. 8
  19. ↑ JOINT AMICUS CURIAE BRIEF, p. 13
  20. ↑ JOINT AMICUS CURIAE BRIEF, p. 12
  21. ↑ "Communists in Czech Politics" 23 years after the Velvet revolution, they seem to be more powerful than ever"
  22. ↑ Hungarian Criminal Code 269 / B. § 1993
  23. ↑ JOINT AMICUS CURIAE BRIEF, p. 9
  24. ↑ "European court overturns Hungarian prohibition on “communist” star"
  25. ↑ "Hungary Court Annuls Ban on Fascist, Communist Symbols"
  26. ↑ "Estonian MEP supports ban of communist symbols"
  27. ↑ JOINT AMICUS CURIAE BRIEF, p. 24
  28. ↑ "EU rejects Communist symbol ban"
  29. ↑ "The ban of totalitarian symbols is not considered necessary by the President of the EP"
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