Lidia Thorpe (Victoria, Australian Greens) Share this | Hansard source

I wish to announce to the chamber that this is not my first speech. I'm rising here to speak on the report tabled in the chamber on the Select Committee on the Aboriginal Flag. I thank my colleagues in this place who moved for this important inquiry. The Greens are concerned at the amount of community distress and harm caused by the licensing arrangements currently in place over the Aboriginal flag, particularly as the licences held are being exploited by non-Aboriginal people.

The community despair came up time and time again during hearings. So many people told us that they were distressed by the fact that their symbol, their flag and part of their identity was financially benefiting non-Aboriginal people who don't have the same respect and connection as we do. We found out during that inquiry that some of the licensees of the Aboriginal flag hadn't in fact contributed one cent to the advancement of our people—shame. This is despite the licensees telling us that they returned some of their profits over the flag licences back to communities. This turned out to be untrue. We wouldn't have found this out if it wasn't for this inquiry. This neo-colonialism of our symbols by people who don't care about community, just their grubby profits, is absolutely wrong.

The Greens will always affirm the rights of self-determination by all Aboriginal and Torres Strait Islander people in line with the United Nations Declaration on the Rights of Indigenous Peoples. We have a legal, moral and ethical right to self-determination as the First Peoples of this country.

I was so happy to see so many of our people giving evidence in the committee and speaking passionately about the pride they have in the Aboriginal flag and how they are connected to it. I'm touched by the resilience and joy of our people and the love they have for their community, their country, their culture and their flag. The Aboriginal flag has created something that has unified our people around one symbol. The flag belongs to Aboriginal people. For that, we are proud.

I note that the government is negotiating about future arrangements of the licensing over the Aboriginal flag with Mr Harold Thomas. I hope for the sake of our people that these negotiations are concluded fairly, openly and transparently while also upholding Mr Thomas' rights to self-determination as the creator of the flag. Our people are watching these negotiations and following along very closely. I want to quote Aunty Rieo Ellis, who summed up in evidence what the flag means to our people:

It means so much. It's not just a Nike tick: it's a flag; it means our life; it means our community.

We only have one chance to get this right. We need to get it right.

The Greens also support the committee's view that an independent Aboriginal body be created to hold custodianship of the Aboriginal flag. This body could make decisions about how the flag would be used in line with our needs, protocols and traditions. I think it is important that the independent body be an Aboriginal community controlled body, as this would be the only way to ensure that our people have their rights and self-determination over their symbols asserted and protected. This proposed body must also meaningfully include and engage a broad representation of grassroots Aboriginal community members and voices.

The Greens believe that it's important for this proposed independent Aboriginal body to also make decisions regarding any commercial uses of the Aboriginal flag. This body should be free to set any fees from any future licensing arrangements over the flag and to direct these fees for the benefit of our people and our communities. It's a shame that the likes of WAM Clothing and Gifts Mate fatten their wallets and profit off our pride without contributing to our communities. Having an Aboriginal community controlled body as the custodian of our flag is the only way to affirm our self-determination.

It's not lost on me that we are having this discussion after the Liberals and Nationals voted to not fly the Aboriginal flag in this place during NAIDOC Week—surprise, surprise!—or any other week for that matter. Shame! They're so wedded to their colonial flag, and they hate being told that it's a colonial flag. I don't know what you call a flag that has another country's flag on it except what it is—a colonial flag. The Australian flag does not represent us all. Stop thinking that it does. For so many of our mob—Aboriginal people, Torres Strait Islander people, First Nations people, the First Peoples of this country—the Australian flag does not represent them. It's shameful that the Liberals and Nationals voted against the Aboriginal and Torres Strait Islander flags being raised in this place, but why am I surprised? We all watched Four Corners last night.

Even though the inquiry was only on the Aboriginal flag, we did hear evidence from Mayor Phillemon Mosby, from the Torres Strait Island Regional Council, about how council manage their flag. I want to acknowledge the cultural authority of the Torres Strait Island Regional Council and thank them for their leadership in ensuring that the Torres Strait Islander flag is used in accordance with their community's wishes and cultural protocols. In evidence, the council advised the committee that their limited funding prevents them from taking action when there are instances of misuse of the Torres Strait Islander flag.

I note that the committee, in paragraph 6.8 of the report, considers that the proposed independent Aboriginal body that could have custodianship of the Aboriginal flag could also assist the council with any applications they receive for the use of the Torres Strait Islander flag, if the council requests assistance. However, in line with the self-determination of our Torres Strait Islander brothers and sisters, until such a time as this proposed Aboriginal body exists the Torres Strait Island Regional Council should be properly resourced by the government so that they can regulate the use of the Torres Strait Islander flag in accordance with their community's wishes and in line with the relevant cultural protocols.

In conclusion, I would like to thank the chair of the committee, Senator McCarthy, a proud Yanyuwa and Garrwa woman, as well as Senator Dodson, a proud Yawuru man, for making sure that our cultural protocols were followed and respected throughout and that the cultural authority of our people was affirmed. I also thank the non-Aboriginal members of the inquiry, Senator Bragg, Senator O'Sullivan, Senator Davey and Senator Stoker, for their work. I hope that the issue of the flag is resolved soon and that the Aboriginal and Torres Strait Islander flags are flown with pride in this parliament, as I know they will be in the community.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.