A/HRC/23/56/Add.2 16. During the Special Rapporteur’s visit, the Government informed him that the Ministry of Justice has undertaken a reform of the Penal Code. Reportedly the reform aims at transposing into criminal law EU Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law. 17. The Special Rapporteur would like to emphasize the importance of collecting data on racist offences in order to ensure effective implementation of the Penal Code. He regrets that such data are neither recorded nor published by the authorities at the national level. Some efforts have been made to improve the recording and processing of racist and xenophobic incidents by the police, and steps have been undertaken, including by the police of Catalonia (Mossos d’Esquadra) and the Public Prosecutor for Hate Crimes and Discrimination in Barcelona, to improve the recording and processing of racist offences. Some interlocutors highlighted that while there has been some progress, law enforcement agents still have limited training and awareness on how to register racist incidents. The Special Rapporteur regrets that the courts also do not systematically register the judgements issued on hate crimes and discrimination. IV. Institutional framework for combating racism 18. There are credible institutions in the fight against racism in Spain. During his visit, the Special Rapporteur met with the National Ombudsperson (Defensor del Pueblo), an independent official who plays an important role in combating racism and racial discrimination. The National Ombudsperson’s role is defined by the Constitution and its incumbent elected by the Parliament for a five-year term. Among other functions, he or she is empowered to investigate on his or her own or upon complaints, any action or decision from the public administration that may violate constitutional rights and visit places of detention, including without prior notice. The Special Rapporteur appreciates the constitutional status of the National Ombudsperson, and his or her work, including with regard to complaints related to racism and xenophobia and the visits carried out in detention centres for undocumented migrants. 19. The Special Rapporteur also welcomes the existence of Ombudspersons at the regional level, including the Ombudspersons of Andalusia and Catalonia with whom he met during the visit, and whom he commends for their work. While he appreciates the fact that, of the 17 autonomous communities, 11 have established Regional Ombudspersons, he regrets the absence of such Ombudspersons in Castile-La Mancha and Murcia. 20. The Special Rapporteur appreciates the establishment of the Council for the Promotion of Equal Treatment and Non-Discrimination on the Grounds of Racial or Ethnic Origin, which is attached to the Ministry of Health, Social Services and Equality. He welcomes the work done by the Council, which provides assistance to victims of discrimination, considers complaints, carries out awareness-raising activities and trainings on discrimination, conducts studies and formulates recommendations on the prevention of racial discrimination. He appreciates the creation of the Network of Assistance to the Victims of Discrimination by Racial or Ethnic Origin, involving various NGOs. However, the Special Rapporteur is concerned by the lack of human and financial resources for the effective functioning of the Council. Furthermore, its mandate does not allow it to bring discrimination cases to courts or to intervene in court cases on behalf of victims of discrimination. Its limited power and lack of independence also remains a challenge. 21. The Special Rapporteur notes with appreciation the work of the Observatory on Racism and Xenophobia in Spain which is under the Ministry of Employment and Social 6