The Rehab Archipelago - Human Rights Watch
The Rehab Archipelago - Human Rights Watch
The Rehab Archipelago - Human Rights Watch
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illion (US$ 2 million) will be invested in the 78-hectare Nhi Xuan area, which<br />
is expected to start operation next year and to provide jobs for 5,000-6,000<br />
post-rehabs, mainly in the garment, footwear, woodwork, electrical, electronic,<br />
mechanical engineering and handicraft sectors. Special incentives will be<br />
offered to businesses investing in the [post-rehabilitation] project, such as<br />
land rent reduction, preferential credit and tax exemption. 44<br />
“Post rehabilitation management” was intended for those considered to be at high risk of<br />
relapse, which was defined as detainees who had been in centers twice or more, detainees<br />
who had been disciplined twice or more, or those without stable family or employment<br />
support. 45 <strong>The</strong> provision that those who had been disciplined twice or more in drug<br />
detention centers could be subject to “post rehabilitation management” indicates that the<br />
additional detention could be ordered on punitive grounds.<br />
In principle, the decision to detain them for “post rehabilitation management” was to be<br />
taken by the chairman of the People’s Committees at the provincial or municipality level. 46<br />
However, in practice, the extension of detention orders was largely an automatic<br />
bureaucratic process. Between 2003 and 2008, while the pilot project lasted, at least<br />
30,681 people were detained for the additional two to three years of “post rehabilitation<br />
management.” 47 During the same period, just 263 people were allowed to leave the centers<br />
without the additional two to three years of detention. 48<br />
From the point of view of detainees, the system changed very little regardless of whether<br />
one was in “rehabilitation” or “post rehabilitation management.” Some detainees were<br />
transferred to other centers. <strong>The</strong> main difference in the lives of detainees was that periods<br />
of detention and forced labor were arbitrarily extended: detainees were held for far longer<br />
than they had initially understood or (in the case of voluntary admissions) requested.<br />
Many detainees told <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> that after extension of their detention they<br />
simply stayed at the same center performing the same form of labor.<br />
44 Ibid.<br />
45 Decree 146/2004/ND-CP, “Stipulating the Procedures and Authority to Issue the Decision of Taking the Post <strong>Rehab</strong><br />
Individuals into the Establishments for Management, Vocational Training and Job Placement,” July 19, 2004, art. 5(1).<br />
46 Decree 146/2004/ND-CP, July 19, 2004, art. 3.<br />
47 <strong>The</strong> figure is taken from the Report to the National Assembly and is likely incomplete since it is dated from<br />
mid-2008, not the end of the year. See “Report to the National Assembly on the result of five years’<br />
implementation of Decree No. 16/2003/QH11 on ‘Post rehab monitoring, vocational training and job<br />
placement’,” May 5, 2008, appendix 2A [translation by <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong>].<br />
48 Ibid.<br />
THE REHAB ARCHIPELAGO 20