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If you are interested in a career at one of Australia's top-tier law firms please contact Lisa Daley, Human Resources Manager on direct telephone 07 3258 6466 or email your details to [email protected]. www.freehills.com Pandora's Box 2006 Editors Gail Blaber & Bridget Daly Freehills Pandora's Box 2006 © 2006 Published by: The Women and the Law Society (WATL) TC Beirne School of Law The University of Queensland St Lucia Qld 4072 Australia Ph. (+617) 3365 7997 Printed by: Will print 28 Burke Street Woolloongabba Qld 4102 Australia Ph. (+617) 3391 8900 Table of Contents Editors' Note 11 Foreword Chris Henderson iii Speech Delivered at the Queensland Maree Klemm 1 Government's Office of Women Celebrations for International Women's Day 2006 Women and Security: 'You cannot Elisabeth Porter 4 dance if you cannot stand' Women and Religion in the Legal Ann Black 14 System of Brunei Darussalam Gender, Sex Work and Law. Barbara Sullivan 32 The Impact of a New Regulatory Regime on Women Workers in the Queensland Sex Industry Aung San Suu Kyi: Leading the Holly Kluver 44 Peaceful Battle for Democracy in Burma Around the World with a Peaceful Louise Stevanovic 57 Heart Endless Flight Melody Kemp 64 Magistrates Work Experience Program 67 The Queensland Justice System and Breanna Hamilton 68 Domestic Violence: Time for Something Special? Envisaging an End to Violence Neha Chhatbar 81 Alcohol: The Forgotten Drug That Tristan Fitzgerald 89 Requires Urgent Treatment Editors' Note We are pleased to present Pandora's Box for 2006. The theme of this year's edition of Pandora's Box ,"Women and Peace", was derived from the focus of this year's International Women's Day celebrations, "Women Striving for a Peaceful Society". In this year's edition of Pandora's Box we aimed to recognize that, although peace is still not a reality for many women throughout the world, there are many dedicated individuals striving for a peaceful society both in Australia and internationally. There are a number of people to whom we would like to pass on our thanks. Firstly, the contributors for giving their time and expertise in order to pass on their insights for the issue, "Women and Peace". Secondly, Ms. Clare Cappa, from the University of Queensland Law School, for adjudicating the Magistrates Work Experience Program Essay Competition. Thirdly, all W ATL members, especially Kathryn Purcell (President) and Shona Duniam (Vice-President) for their support throughout the year. Finally, we would like to pass on our deepest appreciation to Chris Henderson. Chris assisted us greatly through the year, not only volunteering to write our foreword but also by passing the word around about Pandora's Box and connecting us with two of our contributors for 2006. We hope that reading the 2006 edition of Pandora's Box not only provokes consideration of the daily struggles of many women towards peace, but also inspires action as exemplified by the women identified in the following pages. "To many people war is seen as something masculine and peace as fe minine. In fa ct both men and women need to work together to build genuine peace ...I wish your effortsevery success." - The Dalai Lama. Gail Blaber and Bridget Daly Editors of Pandora's Box fo r 2006. Whilstthe editors have checked the references for authenticity, any mistakes belong to the authors 11 Foreword Chris Hendersont I am writing on 21st September - a date established by the United Nations in 2001 as International Day of Peace. Until last year I saw this day as a symbolic if innocuous public affirmation of hope. As an activist I have left such events to others while I concentrate on projects that I have considered to have more chance of making a difference. The potential of this day was brought home to me by frontline aid workers. For them, peace for one day means a global ceasefire and a day of peace and non­ violence. This becomes a day when food and medical supplies can be distributed; when people can be transported to safety; when dialogue can be initiated. Naming a day is a powerful sign of 'ordinary' people power and it is gaining purchase as a real possibility, even though it may not reach or affect the outcome for a woman raped in a remote village at gunpoint today or on the day you read this. One hundred and ninety two member nations of the United Nations (UN) created peace activities today. In my city, Brisbane, it has become a week-long series of events, with the conservative tabloid providing an astounding double page spread, and a youth peace parliament taking over Parliament House for a day with the support and involvement of MPs. From little things, big things grow and from the aid workers and this year's International Day of Peace I have learned a sobering lesson. What counts as 'peace' though? The UN focuses not on defining peace, but on what defines and creates a culture of peace: 'a set of values, attitudes, modes of behaviour and ways of life that reject violence and prevent conflicts by tackling their root causes to solve problems through dialogue and negotiation among individuals, groups and nations'.2 This issue of Pandora's Box offers a challenging and insightful intersection of articles that allows us to study and make known those underlying causes of violence and injustice and to celebrate and learn from the work of activists such as Aung San Suu Kyi and Jane Dai. How we respond is, for me, the key question. Do we read and move on, concerned bystanders leaving practice to others? Does cynicism, procrastination or resignation discount the potential of action before it has begun? In part, our response will depend on becoming present to the peace we want in our own lives as a powerful base from which to act. Set free by this issue of Pandora's Box, thank goodness, is hape, consciously aware and grounded in wisdom. Left to its own devices, hope will wither. Combined with informed, strategic action in our own lives and in our communities, it can support us in the long haul essential for creating a sustainable culture of peace. 1 With special thanks to Spiderlily Redgold who assisted with the final polish. 2 (UN Resolutions A/RES/52/13: Culture of Peace and A/RES/53/2.43, Declaration and Programme of Action on a Culture of Peace). 111 So what else does Pandora offer this year? Ah yes - an analysis of UN Security Council Resolution 1325: Women, Peace and Security - a tool for creating peace and justice, for addressing women's security and, crucially, for ensuring that women's voices and gender mainstreaming inform and are included in all aspects of the peace process. UN resolutions, the minute they are passed by the UN, become part of the body of international law. In Australia, UN resolutions are not automatically reinforced or supported by domestic law. It is up to us as citizens to make the government create law in the spirit of each and every resolution passed by the UN. We have a government deeply committed to war but apparently not to peace or to women's involvement in the peace process, given that our government has declared war since this resolution was passed in 2000, and has not acted to transform this international obligation into domestic policy. This academicjo urnal for women in law will be read by a wider audience. It is likely to be read by those with privilege and position, by those with education. My question: who will take up and champion this issue if not us - you and me? If you walk in the world knowing that peace is truly possible and can be created by your actions, what are you prepared to do? Where would you start? Consider that we - every one of us who picks up this journal and begins reading - can create world peace through our actions. I invite you to join an organisation that works to create a culture of peace. I belong to the Women's International League for Peace and Freedom which is an international champion of resolution 1325. Maybe there are other organisations that suit you better. Belonging to an organisation means that you stand up to be counted, even if you do not have the time to attend meetings. Your endorsement through joining a peace organisation will support others and therefore create and sustain action and possibility. I thank and commend the editors and authors of this year's Pandora's Box for lifting the lid on creating a culture of peace. International Day of Peace has blossomed and borne fruit. I look forward to marvelling at the actions we will take as a result of delving into this edition and for the transformations we will cause together.