Bans On Communist Symbols
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Communist symbols have been banned, in part or in whole, by a number of the world's countries. As part of a broader process of decommunization, these bans have mostly been proposed or implemented in countries that belonged to the
Eastern Bloc The Eastern Bloc, also known as the Communist Bloc (Combloc), the Socialist Bloc, the Workers Bloc, and the Soviet Bloc, was an unofficial coalition of communist states of Central and Eastern Europe, Asia, Africa, and Latin America that were a ...
during the
Cold War The Cold War was a period of global Geopolitics, geopolitical rivalry between the United States (US) and the Soviet Union (USSR) and their respective allies, the capitalist Western Bloc and communist Eastern Bloc, which lasted from 1947 unt ...
, including some
post-Soviet states The post-Soviet states, also referred to as the former Soviet Union or the former Soviet republics, are the independent sovereign states that emerged/re-emerged from the dissolution of the Soviet Union in 1991. Prior to their independence, they ...
. In some countries, the bans also extend to prohibit the propagation of
communism Communism () is a political sociology, sociopolitical, political philosophy, philosophical, and economic ideology, economic ideology within the history of socialism, socialist movement, whose goal is the creation of a communist society, a ...
in any form, with varying punishments applied to violators. Though the bans imposed by these countries nominally target the communist ideology, they may be accompanied by popular anti- leftist sentiment and therefore a ''de facto'' ban on all leftist philosophies, such as
socialism Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes ...
, while not explicitly passing legislation to ban them.


Summary table


General bans


Indonesia

"
Communism Communism () is a political sociology, sociopolitical, political philosophy, philosophical, and economic ideology, economic ideology within the history of socialism, socialist movement, whose goal is the creation of a communist society, a ...
/
Marxism–Leninism Marxism–Leninism () is a communist ideology that became the largest faction of the History of communism, communist movement in the world in the years following the October Revolution. It was the predominant ideology of most communist gov ...
" (official terminology) was banned in
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania, between the Indian Ocean, Indian and Pacific Ocean, Pacific oceans. Comprising over List of islands of Indonesia, 17,000 islands, including Sumatra, ...
following the aftermath of the 30 September coup attempt and the subsequent anti-communist killings, by the adoption of ''TAP MPRS'' no. 25/1966 in the 1966 MPRS General Session and ''Undang Undang'' no. 27/1999 in 1999 (the corresponding explanatory memorandums of whom explain that " ommunism / Marxism-Leninism includesthe struggle fundaments and tactics taught by... Stalin, Mao Tse Tung '' et cetera''..."), which are still in force. The law does not explicitly declare a ban on symbols of communism, but Indonesian police frequently use the law to arrest people displaying them. Some of its violators were people with no knowledge of symbols of communism, in which cases the authorities frequently freed them with only minor punishment or small fine applied. The display of such symbols in an attempt to propagate "Communist / Marxist-Leninist" ideals are considered a
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its d ...
, and could be punished by up to 20 years imprisonment. Other
socialist Socialism is an economic ideology, economic and political philosophy encompassing diverse Economic system, economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes ...
and
left-wing Left-wing politics describes the range of Ideology#Political ideologies, political ideologies that support and seek to achieve social equality and egalitarianism, often in opposition to social hierarchy either as a whole or of certain social ...
symbols, while not officially prohibited by law (as
democratic socialism Democratic socialism is a left-wing economic ideology, economic and political philosophy that supports political democracy and some form of a socially owned economy, with a particular emphasis on economic democracy, workplace democracy, and wor ...
itself remains acceptable in the country) are still widely condemned by the Indonesian government and considered as being closely related to communism. Such symbols include the
red star A red star, five-pointed and filled, is a symbol that has often historically been associated with communist ideology, particularly in combination with the hammer and sickle, but is also used as a purely socialist symbol in the 21st century. ...
, the red flag, socialist heraldry, and anthems or slogans such as ''
The Internationale "The Internationale" is an international anthem that has been adopted as the anthem of various anarchist, communist, socialist, democratic socialist, and social democratic movements. It has been a standard of the socialist movement since ...
'' and "
Workers of the world, unite! The political slogan "Workers of the world, unite!" is one of the rallying cries from ''The Communist Manifesto'' (1848) by Karl Marx and Friedrich Engels (, literally , but soon popularised in English language, English as "Workers of the wo ...
". Despite this, ''The Internationale'' was still used during International Labour Day. It is not known whether the symbols of ruling Communist parties in other ASEAN countries such as Vietnam and Laos are also outlawed in Indonesia as well. In addition, since the New Order regime took power in 1967, the hammer and sickle has been highly stigmatized in the country, similar to the stigma surrounding
Nazi symbolism The 20th-century German Nazi Party made extensive use of graphic symbols, especially the swastika, notably in the form of the swastika flag, which became the co-national flag of Nazi Germany in 1933, and the sole national flag in 1935. A very ...
in the Western world and the Imperial Japanese flag in South Korea. As such, displaying the symbol in public, even without any political intentions, is still regarded as highly offensive, especially among
Muslims Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
and political Islamists. In April 2017, Indonesian police detained a Malaysian tourist at a hotel in Mataram for wearing a T-shirt with an image of the hammer and sickle symbol. The tourist was not aware that communist symbols were banned in Indonesia. The police seized the T-shirt and released the tourist after giving him a warning. In May 2018, a
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
n tourist was also detained by police in
Bali Bali (English:; Balinese language, Balinese: ) is a Provinces of Indonesia, province of Indonesia and the westernmost of the Lesser Sunda Islands. East of Java and west of Lombok, the province includes the island of Bali and a few smaller o ...
for displaying a Soviet victory banner, which also contains the symbol.


Ukraine

In April 2015, the
Verkhovna Rada The Verkhovna Rada ( ; VR), officially the Verkhovna Rada of Ukraine, is the unicameralism, unicameral parliament of Ukraine. It consists of 450 Deputy (legislator), deputies presided over by a speaker. The Verkhovna Rada meets in the Verkhovn ...
passed a law banning communist and Nazi symbols, following the Revolution of Dignity and start of the war with Russia in 2014. Earlier, in 2012, the city of
Lviv Lviv ( or ; ; ; see #Names and symbols, below for other names) is the largest city in western Ukraine, as well as the List of cities in Ukraine, fifth-largest city in Ukraine, with a population of It serves as the administrative centre of ...
in Western Ukraine banned the public display of all communist symbols, including ones not related to Soviet communism. On 17 December 2015, all communist parties were officially banned in Ukraine. Singing or playing the former anthem of the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
, any other former anthems of the Soviet republics, or
The Internationale "The Internationale" is an international anthem that has been adopted as the anthem of various anarchist, communist, socialist, democratic socialist, and social democratic movements. It has been a standard of the socialist movement since ...
is punishable with a sentence of up to five years in prison. In July 2019, the Constitutional Court upheld the law, equating communism to Nazism.


Bans on certain symbols


Georgia

In
Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...
the use of Soviet-era symbols on government buildings is prohibited, as is their display in public spaces, although this law is rarely enforced by authorities. A ban on communist symbols was first proposed in 2010, but it failed to define the applicable sanctions. In 2014, there was a proposal to amend the ban to introduce clearer parameters.


Germany

The flag of the German Democratic Republic (
East Germany East Germany, officially known as the German Democratic Republic (GDR), was a country in Central Europe from Foundation of East Germany, its formation on 7 October 1949 until German reunification, its reunification with West Germany (FRG) on ...
) was outlawed as an unconstitutional and criminal symbol in
West Germany West Germany was the common English name for the Federal Republic of Germany (FRG) from its formation on 23 May 1949 until German reunification, its reunification with East Germany on 3 October 1990. It is sometimes known as the Bonn Republi ...
and
West Berlin West Berlin ( or , ) was a political enclave which comprised the western part of Berlin from 1948 until 1990, during the Cold War. Although West Berlin lacked any sovereignty and was under military occupation until German reunification in 1 ...
, where it was referred to as the (secessionist flag) until the late 1960s, when the ban was lifted. The flag and emblem of the now defunct
Communist Party of Germany The Communist Party of Germany (, ; KPD ) was a major Far-left politics, far-left political party in the Weimar Republic during the interwar period, German resistance to Nazism, underground resistance movement in Nazi Germany, and minor party ...
(KPD) is still banned in the country under section 86a of the German criminal code, while the hammer and sickle symbol itself is considered a universal symbol and is legally used by the contemporary German Communist Party (DKP) and various other organisations and media.


Latvia

In Latvia, the perception of the USSR is highly negative due to the Soviet occupation of the Baltic states. In June 2013, the
Latvia Latvia, officially the Republic of Latvia, is a country in the Baltic region of Northern Europe. It is one of the three Baltic states, along with Estonia to the north and Lithuania to the south. It borders Russia to the east and Belarus to t ...
n parliament approved a ban on the display of Soviet and Nazi symbols at all public events. The ban involves flags, anthems, uniforms, and the Soviet hammer and sickle.


Lithuania

Lithuania Lithuania, officially the Republic of Lithuania, is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea, bordered by Latvia to the north, Belarus to the east and south, P ...
, similarly to Latvia, banned Soviet and Nazi symbols in 2008 (Article 18818 of the Code of Administrative Offences) under the threat of a fine. Collection, antiquarian trade and educational activities are exempt from the ban. Article 5 of the Law on Meetings prohibits meetings involving Nazi and Soviet imagery.


South Korea

Just like the
flag of East Germany The first flag of East Germany, officially the East Germany, German Democratic Republic, was a tricolour of black, red and gold, identical to the flags of the Weimar Republic, West Germany, and Federal Republic of Germany, present-day Germany. F ...
and the flag of the
Socialist Unity Party of Germany The Socialist Unity Party of Germany (, ; SED, ) was the founding and ruling party of the German Democratic Republic (East Germany) from the country's foundation in 1949 until its dissolution after the Peaceful Revolution in 1989. It was a Mar ...
were both banned in the former
West Germany West Germany was the common English name for the Federal Republic of Germany (FRG) from its formation on 23 May 1949 until German reunification, its reunification with East Germany on 3 October 1990. It is sometimes known as the Bonn Republi ...
(and are still banned in reunified
Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
), it is illegal to display the flag of North Korea or the flag of the
Workers' Party of Korea The Workers' Party of Korea (WPK), also called the Korean Workers' Party (KWP), is the sole ruling party of North Korea. Founded in 1949 from a merger between the Workers' Party of North Korea and the Workers' Party of South Korea, the WPK is ...
in
South Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia. It constitutes the southern half of the Korea, Korean Peninsula and borders North Korea along the Korean Demilitarized Zone, with the Yellow Sea to the west and t ...
. They are deemed unconstitutional symbols, although some exceptions exist, particularly during international sport events.


Former bans


Hungary

Hungary Hungary is a landlocked country in Central Europe. Spanning much of the Pannonian Basin, Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia and ...
had a law (Article 269/B of the Criminal Code (2000)) that banned the use of symbols of fascist and communist dictatorships. The same year the Constitutional Court upheld the law when it was challenged, claiming that the involved restriction of the
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
was justified. In July 2008 the
European Court of Human Rights The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a co ...
considered the challenge of Attila Vajnai who was charged with a misdemeanor for use of the
red star A red star, five-pointed and filled, is a symbol that has often historically been associated with communist ideology, particularly in combination with the hammer and sickle, but is also used as a purely socialist symbol in the 21st century. ...
and declared the Hungarian law to be in violation of the freedom of expression. The Court recognised the gross violations by the Nazi and communist regimes; however, it noted that modern Hungary is a stable democracy with negligible chance of dictatorship, therefore restrictions on the freedom of expression have no justification in the country in the form of a "clear, pressing and specific social need". Eventually the law was annulled in 2013 by the Constitutional Court, citing the lack of precise definition and the European Court of Human Rights. In March 2017, Prime Minister
Viktor Orbán Viktor Mihály Orbán (; born 31 May 1963) is a Hungarian lawyer and politician who has been the 56th prime minister of Hungary since 2010, previously holding the office from 1998 to 2002. He has also led the Fidesz political party since 200 ...
introduced a draft law that outlaws merchandise featuring "totalitarian symbols", which includes symbols like the Nazi swastika or the communist five-pointed red star. This included the red star on the logo of the Dutch brewing company Heineken, which the company claimed has no communist origins or political connotations, and which the company will defend like all other trademarks.


Moldova

In 2009, such a ban was proposed in
Moldova Moldova, officially the Republic of Moldova, is a Landlocked country, landlocked country in Eastern Europe, with an area of and population of 2.42 million. Moldova is bordered by Romania to the west and Ukraine to the north, east, and south. ...
by parliamentarian Oleg Serebryan, and the law came into effect in 2012. The Constitutional Court of Moldova found the law unconstitutional and overturned it in 2013.


Poland

In 2009,
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It extends from the Baltic Sea in the north to the Sudetes and Carpathian Mountains in the south, bordered by Lithuania and Russia to the northeast, Belarus and Ukrai ...
amended Article 256 of its penal code, banning the display of "fascist, communist ndother totalitarian symbols" unless they were being used "as part of artistic, educational, collecting or academic activity." On 19 July 2011, the Constitutional Tribunal of Poland found the amendment to be partially unconstitutional as it limited
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
. In June 2017, Poland updated its " decommunization" legislation to include Soviet propaganda monuments, prompting negative reactions from the Russian government. While the "promotion of communist ideas" remains illegal in Poland, the display of communist symbols is no longer explicitly prohibited.


Taiwan (Republic of China)

The
Kuomintang The Kuomintang (KMT) is a major political party in the Republic of China (Taiwan). It was the one party state, sole ruling party of the country Republic of China (1912-1949), during its rule from 1927 to 1949 in Mainland China until Retreat ...
government in Taiwan outlawed the flag of the People's Republic of China in 1952, pursuant to the Temporary Provisions against the Communist Rebellion in the country's constitution. The temporary provisions were repealed in 1991, but a general ban on communist ideology and symbolism in the National Security Law of the Republic of China, promulgated in 1976, was not annulled until 2011. In late 2020, a legislator from the
Democratic Progressive Party The Democratic Progressive Party (DPP) is a centre to centre-left Taiwanese nationalist political party in Taiwan. As the dominant party in the Pan-Green Coalition, one of the two main political camps in Taiwan, the DPP is currently the ...
proposed an amendment to the National Security Law which would ban the public display of the flag of the People's Republic of China. However, , no such legislation has been passed.


United States

During the Red Scare of 1919–20 in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, many states passed laws forbidding the display of red flags, including
Minnesota Minnesota ( ) is a U.S. state, state in the Upper Midwestern region of the United States. It is bordered by the Canadian provinces of Manitoba and Ontario to the north and east and by the U.S. states of Wisconsin to the east, Iowa to the so ...
,
South Dakota South Dakota (; Sioux language, Sioux: , ) is a U.S. state, state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Dakota people, Dakota Sioux ...
,
Oklahoma Oklahoma ( ; Choctaw language, Choctaw: , ) is a landlocked U.S. state, state in the South Central United States, South Central region of the United States. It borders Texas to the south and west, Kansas to the north, Missouri to the northea ...
, and
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
. In '' Stromberg v. California'', the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
held that such laws were unconstitutional. However, after the Crucial Communism Teaching Act had passed the U.S. House of Representatives, it is unknown whether the bill will either give way to, or be joined by other bills against the ideology of communism, including the re-bans, full or partial, on communist symbols, during the second Trump administration.


Proposed anti-communist legislation


Albania

Albania Albania ( ; or ), officially the Republic of Albania (), is a country in Southeast Europe. It is located in the Balkans, on the Adriatic Sea, Adriatic and Ionian Seas within the Mediterranean Sea, and shares land borders with Montenegro to ...
's Institute for Communist Crimes (ICC) proposed a ban on communist-era films, sparking hostile reactions from the public.


Brazil

In 2016, Eduardo Bolsonaro, a federal deputy for São Paulo and the son of then-deputy and future president
Jair Bolsonaro Jair Messias Bolsonaro (; born 21 March 1955) is a Brazilian politician and former military officer who served as the 38th president of Brazil from 2019 to 2023. He previously served as a member of Brazil's Chamber of Deputies (Brazil), Chamb ...
, proposed a bill to criminalize the promotion of communism. The draft proposed that offenders be given two to five years in prison and a fine if they manufacture, commercialize, distribute or convey symbols or propaganda that use the hammer or sickle or any other means of dissemination favourable to communism. , the bill is in the Constitution and Justice Commission of the Chamber of Deputies of Brazil.


Bulgaria

In
Bulgaria Bulgaria, officially the Republic of Bulgaria, is a country in Southeast Europe. It is situated on the eastern portion of the Balkans directly south of the Danube river and west of the Black Sea. Bulgaria is bordered by Greece and Turkey t ...
, lawmakers voted on first reading of a proposed law on 24 November 2016 to make the public display of communist symbols illegal. The law, known as the "Criminal Nature of the Communist Regime", requires that signs and items created during the communist regime glorifying the former communist party and its leaders be removed from public places. The proposal, however, was never put to a second reading, never signed by the President of Bulgaria nor published in Bulgaria's State Gazette and hence never became law. Both the parliamentary session and convocation in which the law was proposed later ended, thus rendering the proposal dead.


Czech Republic

In 1991, in
Czechoslovakia Czechoslovakia ( ; Czech language, Czech and , ''Česko-Slovensko'') was a landlocked country in Central Europe, created in 1918, when it declared its independence from Austria-Hungary. In 1938, after the Munich Agreement, the Sudetenland beca ...
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. Nevertheless, the law itself was recognised as constitutional. However, in 2005, there was a petition in the
Czech Republic The Czech Republic, also known as Czechia, and historically known as Bohemia, is a landlocked country in Central Europe. The country is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the south ...
to ban the promotion of communism and in 2007, there was a proposed amendment to the law to ban communist symbols. Both attempts failed.


Estonia

In early 2007 the
Riigikogu The Riigikogu (, from Estonian ''riigi-'', "of the state", and ''kogu'', "assembly") is the unicameral parliament of Estonia. In addition to approving legislation, the Parliament appoints high officials, including the prime minister and chi ...
was proceeding a draft bill amending the Penal Code to make the public use of Soviet and Nazi symbols punishable if used in a manner disturbing the public peace or inciting hatred. The bill did not come into effect as it passed only the first reading in the Riigikogu.


European Union

In January 2005, Vytautas Landsbergis, backed by other Members of the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
, such as József Szájer from Hungary, urged a ban on the communist symbols in the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
, in addition to Nazi symbols. In February 2005, the
European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ...
rejected calls for a proposed Europe-wide ban on Nazi symbols to be extended to cover communist symbols as well on the basis that it was not appropriate to deal with this issue in rules aimed at combatting racism. However, this rejection did not rule out the individual member states having their own laws in this respect. In December 2010, the European Commission published a report titled "The memory of the crimes committed by totalitarian regimes in Europe" addressed to the European Parliament and the
Council of the European Union The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and less formally known as the Council of Ministers, is the third of the seven institutions of the European Union (EU) a ...
, in which it mentions the banning of communist symbols by some Member states (Czech Republic, Poland, Hungary, and Lithuania) and concludes that "the European Union has a role to play, within the scope of its powers in this area, to contribute to the processes engaged in the Member States to face up to the legacy of totalitarian crimes". In September 2019, the European Parliament approved a joint motion for a "Resolution on the importance of European remembrance for the future of Europe" with 535 votes in favour, 66 against and 52 abstentions. Specifically, in points 17 and 18 of the resolution "expresses concern about the continued use of symbols belonging to totalitarian systems in the public sphere and for commercial purposes", as well as noting "the continued existence in public spaces in some Member States of monuments and memorials (parks, squares, streets etc.) glorifying totalitarian regimes, which paves the way for the distortion of historical facts about the consequences of the Second World War and for the propagation of the totalitarian political system".


Romania

Law 51/1991, (article 3. h) on the National Security of Romania considers the following as threats to national security: "the initiation, organisation, perpetration, or the supporting in any way of the totalitarian or extremist actions of a communist, fascist, iron guardist, or of any other origin, of the racial, anti-Semitic, revisionist, separatist actions that can endanger in any way the unity and territorial integrity of Romania, as well as the instigation to deeds that can put in, danger the order of the state governed by the rule of law". However, symbols are not specifically mentioned in the law.


See also

*
Anti-communism Anti-communism is Political movement, political and Ideology, ideological opposition to communism, communist beliefs, groups, and individuals. Organized anti-communism developed after the 1917 October Revolution in Russia, and it reached global ...
* Bans on Nazi symbols * Communist chic * Communist terrorism * Decommunization * Denazification * Hammer and sickle § Legal status * Mass killings under communist regimes * Red-tagging in the Philippines * Red star § Legal status * Strafgesetzbuch section 86a


References

{{Anti-communism in Europe since 1989 Censorship Decommunization Iconoclasm Symbols of communism