A/HRC/17/33/Add.4 75. South Africa should proceed with the adoption and implementation of a comprehensive immigration policy at the national level, guided by international human rights law and standards. Such a policy would encompass: (a) The recognition of migrants as part of South African society, providing a vision on how to integrate them into the society and how to guarantee the effective protection of their rights; (b) The establishment of long-term measures designed to create the conditions necessary for this integration to become a reality; (c) The promotion of public mass-media campaigns and educational programmes, which would, in particular, focus on positive values that migrants bring to the host society in economic, social and cultural terms. In this context, the Government should give a voice to migrants to express their views and their experience. The development of such a comprehensive immigration policy at the national level should also encompass a policy framework for social cohesion and the integration of all migrants. 76. The Special Rapporteur calls upon the Government, in cooperation with relevant international organizations and United Nations agencies, to improve data collection and statistical analysis in relation to aspects of immigration and outmigration. Only with a thorough collection of data and clear statistics about migration in the labour market will the South African authorities be able to have a clearer picture of their foreign population and the needs of migrant workers for their economy, and be able to plan accordingly for them. 77. The Special Rapporteur encourages the Government to introduce as soon as possible the hate crime bill, which is currently being finalized by the Department of Justice and Constitutional Development, given the fact that general provisions included in the Constitution and the Criminal Code are not effective enough in protecting migrants from discrimination based on nationality. Migrant communities should be consulted and encouraged to participate in the process of elaboration of this law. The law should, in particular: (a) Make any act of violence against individuals or property on the basis of a person's race, nationality, religion, ethnicity, sexual orientation or gender identity (“hate crime”) an aggravating circumstance; (b) Provide effective resources and training for police, justice and other relevant officials to ensure the successful implementation of the provisions of the law, including training on detecting, recording and prosecuting hate crimes, as well as monitoring any trends in them. 78. In addition to specific legislation, additional measures should be taken, such as: (a) Strengthening the response of police and justice authorities to ensure that perpetrators of hate crimes and police profiling of foreign nationals are held accountable; (b) The development of measures to monitor cases of hate crimes against foreign nationals by using police and justice statistics as a means of monitoring trends of such crimes and the response of police and justice authorities to these cases (with statistics on, inter alia, the number of arrests, the number of offenders prosecuted and the number convicted); 18

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