A/HRC/20/33/Add.1 reported by some interlocutors about the situation of homeless refugees, especially the significant number of Somali refugees who are homeless in Hungary. 51. The Special Rapporteur was also informed that matters related to asylum have been mainly considered in the context of the fight against illegal migration and prevention of abuse of the asylum system. As a result more restrictive measures were adopted. In this regard, concerns were expressed about the manner in which the detention policy applying to foreigners, including asylum-seekers apprehended for unlawful entry or stay, has been implemented recently. Some interlocutors pointed out that a significant proportion of asylum seekers and most of the irregular migrants are routinely detained in detention facilities administered by the police. In this regard the harsh conditions of detention of asylum seekers and irregular migrants, including women and elderly persons, was brought to the attention of the Special Rapporteur. The Special Rapporteur is extremely concerned about the reported cases of ill-treatment in immigration detention facilities; the prolonged periods of administrative detention of asylum seekers without access to effective remedies to challenge the detention; and the potential illegal detention of unaccompanied minors. The lack of transparency of the detention regime and practice, and the replacement in the detention facilities of police officers by untrained civil security guards who had reportedly committed abuses in detention centres were reported. It was also reported that judges who decide on detention are mainly criminal law judges who do not have the relevant knowledge and competence on human rights, refugees and asylum seekers law. VI. Conclusions and recommendations 52. The Special Rapporteur takes note of the new Constitution which came into force on 1 January 2012. He believes that certain of its provisions deserve review, inter alia, in order to strengthen the protection of the rights of minorities, in line with international human rights standards. 53. The Special Rapporteur notes that important steps have been taken by the Government in the fight against racism, racial discrimination, xenophobia and related intolerance. Indeed important legislative, institutional and policy measures have been developed. However the Government has to ensure that all the measures taken lead to an effective outcome that will address the situations of all those experiencing racism, racial discrimination, xenophobia and intolerance in Hungary. 54. An important criterion in measuring Government success in this endeavour will certainly be the removal of Roma from poverty, lack of education, unemployment, social exclusion and the elimination of racism, racial discrimination and intolerance against them. To date, Hungary has not succeeded in fully integrating Roma into society. Their living conditions continue to be significantly worse than those of the general population and they face structural and institutionalized discrimination. There is a great urgency to reinvigorate the education of Roma and to change mindsets to develop a more tolerant and inclusive society. 55. The lack of adequate implementation of the broad range of initiatives developed and the insufficiency of funding to ensure their effective implementation remain a major challenge. The Special Rapporteur urges the Government to make further efforts to ensure effective implementation of the measures taken, starting at the local level, while ensuring that the necessary human, financial and technical resources are allocated and that minorities and all the relevant actors including civil society are involved. He also recommends the collection of ethnically disaggregated data and statistics in accordance with international human rights standards, including respect for the principle of self-identification. 16