42
The Bangkok Rules
intensely than their national counterparts. Transferring prisoners to serve their sentences in their own countries,
if they so wish, should be considered as early as possible after a sentence has been passed. Prisoners should be
given clear and full information about their right to request a transfer and the legal consequences of a transfer, to
enable them to make an informed decision about their situation. Guidance on the issue of transfer of prisoners is
provided by the Model Agreement on the Transfer of Foreign Prisoners adopted by the Seventh United Nations
Congress on the Prevention of Crime and the Treatment of Offenders.61
Rule 53 (2)
This rule takes into account the fact that the children of non-resident foreign national women are unlikely to
have an appropriate carer in the country of imprisonment, and therefore requires that authorities consult with
the woman prisoner in making arrangements for the transfer of the child back to the home country, if this would
be in the best interest of the child. The mother should be enabled and encouraged to contact consular officials
(where available) to discuss and facilitate appropriate arrangements for the child, including the possibility
of the child’s reunification with family members in the country of origin. In cases where the nationality of
the child is in doubt, the assistance of consular officials and of the office of the UN High Commissioner for
Refugees should also be sought.
Rule 54
Programmes that address both the gender specific needs of women members of minority groups or indigenous
peoples, as well as their cultural, spiritual and religious requirements, are lacking in the large majority of prison
systems. Prison authorities should work together with indigenous and minority community groups who work
with women to develop programmes suitable to the needs of women minority or indigenous offenders. The
provision of culturally relevant programmes is important both in itself and to ensure that these groups are not
indirectly discriminated against in their consideration for early conditional release in some jurisdictions, due
to their failure to fulfil a requisite number of prisoner programmes because of the unavailability of appropriate
programmes.
Involving community organizations in programme design and delivery is valuable in maintaining links between
prisoners and the outside world, easing resource pressures and improving prison atmosphere. In the case of
minority groups and indigenous peoples, continuing contacts with the community is likely to be of particular
importance, due to their sense of alienation and isolation within the system, and the higher level of distress
experienced as a result of breaking ties with the community in some cultures.
Particular care should be taken in taking decisions on removal of children of indigenous women. Decisions
about removal of indigenous children should include the recognition of the impact of past oppression and
child removal policies on the children, their mother, their family and their community. If an indigenous child
is removed, the child should be placed with members of its own family or its kinship within the community.
Rule 55
This Rule takes account of the fact that the reintegration and post-release support requirements of women from
minority groups and indigenous peoples are likely to be different and possibly more intense in comparison to
those who are from the majority group. Due to their particular economic and social marginalization and the
discrimination they face in most societies, released minority and indigenous offenders are likely to need special
help with housing, social welfare, employment and health care. Therefore, it is vital that prison authorities
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61
See Compendium of United Nations Standards and Norms in Crime Prevention and Criminal Justice, 2006, V.o5-91037.
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