First Nations politicians from both Labor and the Greens have expressed cautious optimism about the federal government’s $20.05 million deal to secure the copyright licence for the Aboriginal Flag.
The government announced last night it had ‘freed’ the Aboriginal Flag for public use after negotiations with Luritja artist Harold Thomas, who designed the flag in 1971.
“It's a very big win for grassroots people right across this country who have been fighting for that flag for decades, who died under that flag and who died fighting for that flag," said Djab Wurrung, Gunnai and Gunditjmara Greens Senator Lidia Thorpe.
“We fought hard and got some kind of a victory… It seems that there are some wins in this deal.”
However, Ms Thorpe has expressed concerns that the use of the flag isn’t going into community control.
“I’m concerned that the Commonwealth owns the copyright over our flag and what that means for the unceded sovereignty and the self-determination of our people,” she said.
“We need to have genuine conversations about what it means for the Commonwealth to own the copyright of our flag and if any other models of community ownership were seriously considered.
“For the moment, this is a win.”
The Select Committee on the Aboriginal Flag delivered its report in October, examining who benefited financially from the use of its design.
Howard Thomas signs over the copyright to his creation, the Aboriginal Flag.
While the committee was aware the Commonwealth Government had begun negotiating with Mr Thomas and existing licensees, they said the details of the negotiations were unknown to them.
The existing licences belonged to three non-Aboriginal businesses at the time; WAM Clothing, Wooster Holdings and Carroll and Richardson Flagworld.
Shadow Minister for Indigenous Australians Linda Burney said the government’s $20.05 million deal “leaves enormous questions unanswered”.
“That is particularly around the people or the companies that held the commercial licences,” Ms Burney told NITV News.
“And those questions, I guess, will be answered in the next few days.”
Yanyuwa Garrawa woman and Labor Senator Malarndirri McCarthy, who chaired the Committee, said she’ll be examining the details of the new deal thoroughly.
“I look forward to scrutinising this deal and examining the details through Senate Estimates next month, in particular the copyright and custodianship of the flag,” Ms McCarthy told NITV News.
“Scott Morrison and the Indigenous Affairs Minister need to also clarify where the money for this deal is coming from.”
“If the money is coming from the Indigenous Advancement Strategy, for example, the Minister should make this clear and transparent.”
Minister for Indigenous Australians Ken Wyatt has acknowledged the criticisms, but said the details of the $20.05 million deal are “commercial in confidence”.
“Criticisms will always come from individuals, it wouldn’t matter what some of those challenges are,” Mr Wyatt told NITV News.
“But Harold (Thomas) has set aside $2 million as an endowment for Indigenous Initiatives, and the royalties that Carol and Richardson, who manufacture the Aboriginal Flag, received will now go to a dedicated fund for NAIDOC Week.
“An additional $100,000 will be provided to NAIDOC Week which means we can celebrate with more events and enjoy sharing our culture, history and knowledge with mainstream Australia.”
Ms McCarthy said she is “grateful” the public can now use the Aboriginal Flag, “without fear of retribution or legal threats, which is what was happening in 2020 with people receiving cease and desist letters.”
She also said she hopes the use of the flag will also be less restricted in the capital.
“The Coalition Government blocked Senators from allowing the flag to be flown in the Senate in 2020 during NAIDOC week,” Ms McCarthy said.
“The Aboriginal flag is a national flag of Australia and the Coalition Government should no longer reject flying it in both the House of Representatives and the Senate chambers.”
