A/65/295 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 12 10-48481

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