The Commonwealth bought the Aboriginal flag. Has it been ‘freed’ or colonised? By Dana Morse

Source:abc.net.au

In the words of the Prime Minister, the Aboriginal flag is now free to be used by all Australians.

More than 50 years after the flag was designed, the federal government has acquired the copyright in a $20 million deal with Luritja artist Harold Thomas.

But is that what Aboriginal people really want — for all Australians to have equal access to what has long been recognised as a symbol of Aboriginal power and resistance?

It has been celebrated as a win after a hard-fought campaign dubbed “Free the Flag”, spearheaded by Clothing the Gaps chief executive Laura Thompson.

The campaign called for the Aboriginal flag to be treated like every other officially recognised flag in the world, freeing it from licensing agreements and allowing Aboriginal people to have equal rights and access.

But now the ownership will lie with the Commonwealth — the same power that has eroded the rights and committed atrocities against Aboriginal people since 1788 — and that has left many people in the Indigenous community uneasy.

In a world where ownership is implicitly aligned with power, many Aboriginal people feel the flag should have been returned to the community as an act of empowerment.

This would be in line with the principles of self-determination, which are central to addressing inequalities between Aboriginal people and the rest of Australia.

Who gets to use the Aboriginal flag now?

The flag represents Aboriginal people, their lives and their connection to land.

Allowing free use of the design raises some ethical questions about who should be allowed to profit from Aboriginal symbols.

Previously, Thomas decided who would be allowed to reproduce his design.

He gave licences to three companies: WAM Clothing, Gifts Mate and Flagworld, none of which are owned by Indigenous people.

Now the Prime Minister says the flag is free to be used by anyone without seeking permission or paying a fee, as long as it is presented in a “respectful and dignified way”.

But who decides what is considered “respectful and dignified”? Could someone sell Australia Day merchandise with the flag on it, a move that would horrify many Indigenous people?

That caveat has drawn the ire of some Aboriginal people, as it feels like the government is placing expectations over what Aboriginal people can and can’t do with their flag.

Flagworld will also still remain the exclusive licensed manufacturer and provider of Aboriginal flags and bunting.

The government says this is to “ensure the flags themselves are of the highest quality and continue to be manufactured in Australia”, but Flagworld is not stopping individuals from making their own flag for personal use.

While it’s a win that the flag is no longer exclusively being profited off by non-Indigenous companies, businesses like Clothing the Gaps — which employ mostly Indigenous staff and direct a portion of their profits to Indigenous charities and causes — could very well be undercut by an influx of Aboriginal flag-themed merchandise that is now able to be sold.

Symbol of Aboriginal rights now in government hands

Indigenous Affairs Minister Ken Wyatt says the government taking ownership of the flag brings it into line with the Australian flag — known as “stars and crosses” — and it means no-one can “restrict” use of the flag in the future, meaning it can be used to promote products and events.

Both are recognised as national flags of Australia, but while stars and crosses was selected as the winner of a Commonwealth design competition, the design for the Aboriginal flag was born during a turning point for Aboriginal rights in Australia.

Since the 1970s, it has flown at countless protests and movements — often against the government and government policies — and, when it comes to ownership of that symbol, it’s important to recognise its origins.

Warriors for Aboriginal Resistance spokesperson Meriki Onus says government ownership goes against fundamental Aboriginal rights principles.

Ownership is a loaded term for Aboriginal people, whose lives have been defined by being denied ownership of their land and their children.

In many ways, the “freeing” of the Aboriginal flag can be read as a metaphor for the way the government engages with Aboriginal communities more broadly.

They ask to be listened to and empowered to act in their own best interests, but so often, their words aren’t heard, and bureaucrats hand down decisions that take away their agency and ultimately leave them worse off.

By not turning over the flag to an Aboriginal-led body, the government is open to criticism that it’s acting with the same paternalism that has had a negative effect on the lives of Aboriginal people.