Selasa, 26 April 2016

[UPDATE: Bill Signed Into Law] Video: Protect and Preserve International Cultural Property Act Passes House

[UPDATE: May 9, 2016: President Barack Obama today signed into law the Protect and Preserve International Cultural Property Act.]

Earlier this afternoon, the House of Representatives unanimously adopted the Senate's amendment of the Protect and Preserve International Cultural Property Act. H.R. 1493 calls for emergency import restrictions on at-risk Syrian cultural property. The bill now goes to the President for his signature.

View today's speech by Foreign Affairs Committee Chairman Ed Royce (R-CA) on the floor of the House, just before the bill's passage by voice vote.


Source: C-SPAN

Text copyrighted 2016 by Cultural Heritage Lawyer, a blog commenting on matters of cultural property law, art law, cultural heritage policy, antiquities trafficking, and museum risk management. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of any blog post without the express written consent of CHL is prohibited. CHL is a service of Red Arch Cultural Heritage Law & Policy Research, Inc.

Jumat, 22 April 2016

Why we should be encouraging young girls to become footy fans.

I recently read the article by Kasey Edwards on why she didn't want her daughter to be a footy fan.  Ms Edwards provided well thought out reasons on her views, and addressed the likely thoughts of those who would disagree with her position.

Essentially, she concluded that why would she want to put her daughter in a position where she was likely to be a minority, to face sexism and discrimination.  Valid point, but overall I disagree.  I agree that the change in attitude to women in sport, particularly in football will not change through one trailblazer (e.g. Sam Mostyn or Rebecca Madden), but we need to have a consistent and collaborative approach in order to facilitate change and let society know, 'hey it's ok that females are involved in footy!'.

I have a consistent message in all of my speeches on gender equality - change will come through Generation Y males purely based on the fact that they have not been exposed to an upbringing which would result in them having a high level of inherited subconscious bias (against women).  Male gen y's were the first generation where mothers worked full-time and fathers were primary care givers; they are used to having women in what was a traditionally male role.  The ripple effect will continue so much so that future generations will have even less of an inherited bias - well that is my hope.

By encouraging our children to challenge gender specific barriers, we will facilitate a change for the future.  While I fully respect the decision that Ms Edwards has made, I hope in years to come she will not have to be concerned about her daughter's welfare and the impact exposing her to football could have on her confidence, self-esteem and outlook on life.

To do this, we, as leaders of our generation, need to call out the sexist or discriminatory behaviour and celebrate women in sport, whether they be a player, spectator, coach, umpire or commentator.  To stay silent is to accept the conduct.

I don't have children, but I played hockey since I was 4, softball since I was 8, touch football since I was 9, and then in high school went into rowing, volleyball, soccer and continued with athletics and other school sports.  I maintain a high level of sport as I embark on my 30s and last year I started boxing.  As kids we played tackled red rover with the boys, challenged them in 'Force Back' and held our own in the kicking game.  We were never told we couldn't or shouldn't do that.  We were encouraged to participate, and I will adopt the same position for my children.  Parents would never tell their sons not to watch dancing, or participate in ballet because he may be laughed at, or be ostracised based on gender.  He would be encouraged to stand tall, put it past him and do what makes him feel happy.  The same should be for our daughters and football!

I hope that change for women in sport comes sooner rather than later.  As Ms Edwards highlighted, it is estimated that 40% of club members are women.  If the Australian sporting industry (in this I include clubs, players, sponsors, spectators, umpires and commentators) does not recognise the significant role women play in sport, it will be to the detriment of Australian sport, which is without a doubt a significant part, if not the largest part, of Australia's culture and identity.

I coach at, play for, and am a Non-Executive Committee Member at Toowong FC.  I am proud of the commitment they have made to girls and women in sport with their programs.  I call on all those involved to work towards making it more acceptable for women to have a role in Australian sport (especially football), even if it by way of watching and supporting your team, so that mothers like Ms Edwards don't have to be concerned with the impact it could have on their daughters.

Toowong Tomcats 2015 team. 

Kamis, 14 April 2016

Legislative Ban on Syrian Cultural Property Moves Forward in the Senate

Since the Senate Foreign Relations Committee reworked the language of the Protect and Preserve International Cultural Property Act in February, the proposed legislation is steadily moving through the halls of Capitol Hill. Yesterday the full senate passed the measure by unanimous consent.

The heart of H.R. 1493 calls for emergency import restrictions on at-risk Syrian cultural property within 90 days of the law's passage. It no longer mandates a cultural property czar like its predecessor legislation. Instead, the bill suggests that an interagency executive committee be created to help protect international cultural property.

Because the House of Representatives originally passed H.R. 1493 in a form that is different from what the Senate adopted, House lawmakers now must now consider the Senate's version of the legislation.

Text copyrighted 2016 by Cultural Heritage Lawyer, a blog commenting on matters of cultural property law, art law, cultural heritage policy, antiquities trafficking, and museum risk management. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of any blog post without the express written consent of CHL is prohibited. CHL is a service of Red Arch Cultural Heritage Law & Policy Research, Inc.

Rabu, 06 April 2016

Russian Ambassador's Short Letter Makes Big Claims About Looted Syrian Antiquities

A letter from Ambassador Vitaly Churkin, Russia's envoy to the United Nations, has named dealers and shippers alleged to have facilitated the trade of looted antiquities from ISIS-controlled territory in Syria. Delivered to the UN Security Council on March 31, 2016 and released to the public today, the communication caught the attention of cultural property watchers, the media, and Turkey because of its blunt and provocative claims.

The two page correspondence identified the Turkish city of Gaziantep (see map below) as the focal point of smuggling "where the stolen goods are sold at illegal auctions and then through a network of antique shops and at the local market, BakırcılarÇarşısi (Eski Saray Street, Şekeroğlu district)." 

Ambassador Churkin announced that "new offices for the purchase of antiquities have opened on the Turkish-Syrian border in the administrative district of Akçakale...." He daringly identified the owner of an antique shop in the town of Kilis as a person "involved in the illicit trade" before proceeding to list individual Turkish transport companies that carried "bulky goods," describing how "[s]muggled artefacts (jewellery, coins, etc.) then arrive in the Turkish cities of Izmir, Mersin and Antalya, where representatives of international criminal groups produce fake documents on the origin of the antiquities."

The ambassador's letter contended that " ISIL has been exploiting the potential of social media more and more frequently so as to cut out the middleman and sell artefacts directly to buyers. Preference is given to cash transactions, while transactions conducted over the Internet involve the same financial institutions as are involved in transactions for the purchase of weapons and ammunition."

While the ambassador professed that "profit derived by the Islamists from the illicit trade in antiquities and archaeological treasures is estimated at US$ 150-200 million per year," he failed to provide details would back the claim. Instead, he offered an overview of the antiquities trafficking pipeline, explaining how ISIS maintains an antiquities division that is "part of the so-called ministry for control of natural resources within the group’s 'government.'" He remarked that "individuals in possession of a written permit stamped by this 'department' are permitted by the Islamists to carry out excavations and to remove and transport excavated items." Such claims match those made by the US government last year.

"The antiquities are ... offered to collectors from various countries," ambassador Churkin commented, "generally through Internet auction sites," several of which he plainly singled out. The wrongdoers, he said, "employ concealment measures, such as IP-address spoofing, which makes it difficult to identify and determine the actual location of the seller."

Ambassador Churkin's statements have not been verified by an independent third party. Nevertheless, collectors of cultural heritage objects should continue to exercise reasonable caution during this time of conflict in Syria by steering clear of archaeological objects that potentially originate from the region.

The map marks the location of Gaziantep, a crossroads of antiquities trafficking according to Ambassador Churkin.
Text copyrighted 2016 by Cultural Heritage Lawyer, a blog commenting on matters of cultural property law, art law, cultural heritage policy, antiquities trafficking, and museum risk management. Blog url: culturalheritagelawyer.blogspot.com. Any unauthorized reproduction or retransmission of any blog post without the express written consent of CHL is prohibited. CHL is a service of Red Arch Cultural Heritage Law & Policy Research, Inc.

Women in Law Event hosted by QUT Law Society

Last night I gave an address at the QUT Law Society Women in Law event in my capacity as Vice-President of WLAQ.  It was held at Old Government House and over 50 students attended.

The QUT Law Society did a fantastic job as hosts and the event was inspiring.  The Chief Justice gave an address and spoke of the significant milestones that women lawyers have made in Queensland's history.

Following this, I gave the address below and spent some time with my fellow MinterEllison colleagues talking to the students about transitioning from student to lawyer.

Congratulations to QUT Law Society on hosting such a wonderful event.


 

I would like to acknowledge the efforts of the QUT Law Society in hosting tonight's event, along with our Chief Justice who has provided another inspirational speech, which I am sure you will all reflect on in years to come.
I am here tonight in my capacity as one of the Vice-President's of the Women Lawyers Association of Queensland, and to provide you with background knowledge about our organisation and our plans for you and the future for women in Queensland's legal profession. 
WLAQ was founded in 1978 by Leneen Forde AC and ten female lawyers including current President of the Land Court, Carmel MacDonald, Una Prentice, The Honourable Justice Margaret McMurdo President of the Court of Appeal and Noela L'Estrange former CEO of Queensland Law Society.
Past Presidents include Deputy Chief Magistrate Leanne O'Shea, Judge Sally Purdon-Sully, Magistrate Kay Ryan and Justice Jenny Hogan.  Her Honour, Justice Mullins served as Treasurer for 7 years.
We are an organisation created by the leading women lawyers in Queensland, and  continued to be run by women who are as equally as passionate about ensuring that the interests of women in the legal profession are protected.  It is at this time that I would like to express my thanks and gratitude to the Chief Justice for her address delivered at the 100th anniversary of the admission of Agnes McWhinney. 
The address contained a comprehensive overview of the history of women in Queensland's legal profession, commencing with Agnes' admission on 7 December 1915, and progressing to what the Chief Justice described as a particularly important first which occurred in 2015, one that was a very significant milestone for women, and a position she had doubted a woman would ever hold.  This milestone was the appointment of Sue Brown QC as the first female Vice-President of the Bar Association of Queensland.  This being WLAQ's first opportunity to publically acknowledge the Chief Justice following this address, on behalf of WLAQ I would like to acknowledge another significant milestone of 2015, that being the Chief Justice's appointment as Queensland's first woman Chief Justice.  I know I speak on behalf of all present tonight when I say thank you, not only for your contribution to women in the profession, but to the profession as a whole.
I would also like to echo your comments, that we can dare to dream of a woman President of the Bar Association, with the Law Society having achieved this milestone some 30 years prior with the election of Elizabeth Nosworthy. 
Some would ask, why in 2016 do we need an organisation such as WLAQ?  I do not propose to recite statistics, but want to emphasis the significant disparity between the ratio of female to male law graduates to the ratio of female to male QCs, Special Counsel and Partners.  The profession is loosing key women lawyers post 5 to 8 years admission, and adjustments to what used to be considered general practice for a lawyer, must be made.
At our last AGM we had 434 members, of which 147 were students.  WLAQ recognises the importance of ensuring our student membership is well represented and maintains an open relationship with all of the Universities so that we can work collaboratively in addressing issues that you face as you transition from student to lawyer.
Last year we released our 2015-2018 Strategic Plan, a first for WLAQ and an initiative I am proud to be apart of.  In this, we made a firm commitment to provide networking, educational and mentoring opportunities for our members.  I am pleased to report that we have made progress with this objective and our 2015/2016 Mentoring Program saw a significant increase in the number of mentee applications, that is applications by female law students requesting mentorship.  As students, this is where you will see the most benefits of being a member of WLAQ.
It is important that as you progress in your career you remain open to discussing your ideas and issues with those more senior than you.  It is through these conversations that we can recognise any systemic issues that may be presenting as barriers to your progression and assist you in finding solutions.  I acknowledge the reports of the unbalanced proportion of available positions to the number of law graduates.  However, when we look at your career progression, it is important that impediments to you staying in the legal profession are known so that, when we look at the other end of the spectrum, that is your movement into leadership positions, WLAQ as an organisation, can continue to do what it can to facilitate disruption and work towards equality.  It is now that I call upon the male law students in the room to commit to being a champion of change and look up to role models such as Dominic McGann.
Moving forward, I would encourage you to support each other as you graduate, when you are admitted, and as you progress through the ranks in your career.  It is important that we work together and have a support network amongst our peers.  WLAQ events are frequently attended by past Presidents and the executive, who often retell stories of their recent catch ups.   It is now that you will create friendships that are the foundation of your career relationships.
With that, I would like to extend an invitation to you all to attend the Una Prentice Awards, which are being held on 19 April 2016 at the College of Law.  The Awards celebrate the top female law student of each University, made possible thanks to the generous bequest of Una Prentice, the first female law graduate.
Thank you again to Harriette and the QUT Law Society for asking WLAQ to attend tonight and I wish you all the best with your career.