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employment, access to social benefits and access to justice. They may also be easy
targets of hate crimes, including xenophobic violence, attacks and killings. Hate
speech and racist discourse against refugees and asylum-seekers by politicians are
also of concern, especially during election campaigns. As such, the Special
Rapporteur emphasized that much remained to be done to protect refugees and
asylum-seekers. In that regard, he made a few recommendations.
45. For instance, the Special Rapporteur urged States to ratify the relevant
international human rights instruments, including the International Convention on
the Elimination of All Forms of Racial Discrimination. He also encouraged States to
take the necessary measures to implement fully the Durban Declaration and
Programme of Action, as well as the outcome document of the Durban Review
Conference, which also addresses the situation of refugees and asylum-seekers.
46. At the national level, the Special Rapporteur recommended that States adopt
specific legislative provisions that define and prohibit racism, racial discrimination,
xenophobia and related intolerance. He also recommended that States regularly
revise relevant legislation, in particular when there are discriminatory provisions
vis-à-vis refugees and asylum-seekers or when legislation does not provide
sufficient protection against racist or xenophobic attacks. In that regard, he stressed
that offences committed with a racist motivation or aim should be considered as
aggravating circumstances leading to more severe punishment.
47. The Special Rapporteur emphasized the need for legislation to be
complemented with protection measures which ensure that refugees and asylumseekers are guaranteed effective access to legal remedies and are able to obtain
adequate reparation for any damage suffered as a result of racism and xenophobic
behaviour. As such, claims brought by refugees and asylum-seekers must be
investigated without discrimination and those responsible brought to justice. In that
regard, the collection of ethnically disaggregated data relating to racist incidents
against refugees and asylum is an essential tool to understand the nature and extent
of racism and xenophobia, to assess and monitor the effectiveness of the measures
taken, and to design appropriate and effective anti-discrimination legislation,
policies and programmes.
48. The Special Rapporteur also recommended that national human rights
institutions be fully involved in the anti-racism strategy and that they be provided
with a clear mandate to receive, investigate and address complaints of racial
discrimination by all individuals, including refugees and asylum-seekers.
49. With regard to awareness-raising measures, the Special Rapporteur
recommended that human rights training, including those with a focus on the
situation of refugees and asylum-seekers, be provided to law enforcement officials,
especially immigration officials and borders police. He also put emphasis on human
rights education at all levels and all ages, which contributes to addressing the root
causes of negative stereotypes, racism and xenophobia and to promoting
intercultural understanding.
50. The Special Rapporteur stated that any strategy would lack efficiency without
the full involvement of all relevant actors, including the Office of the United
Nations High Commissioner for Refugees and refugees, civil society and asylumseekers themselves. States must provide adequate support to all civil society actors
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