In 1994, I was a regular at my local little athletics club. We were all really excited about Cathy Freeman running in the Commonwealth games, but it was extra special for us Aboriginal kids.  It was the first time I really noticed the mainstream celebrate an Aboriginal person.

I was watching the race, standing in front of the telly, clenched in suspense, then jumping up and down in excitement. She won! But then she started her victory lap. She was smiling, draped with the Australian and Aboriginal flags. It jarred me, I was in shock. For me, the Aboriginal flag was a flag of grievance. Why is she protesting? Why else do you fly that flag besides protesting against something? Why is she smiling? Is she protesting the Commonwealth Games? Deaths in Custody? What the heck is she doing! Excitement turned into confusion.

Next time around, at the 2000 Olympics, she did the same thing. This time I understood it to be an assertion of her identity, something which didn’t enter my mind in 1994. I think that by that time, I had also adopted the flag as an assertion of my identity. Somehow the flag morphed from being a flag of resistance to a flag of Aboriginal identity. Was it just me, or was it a major change in the zeitgeist? If a change in the zeitgeist, how did it happen?

Timeline 1991-1995

1991 – April Royal Commission into Deaths in Custody, final report published. First use of the term “Reconciliation”.

1991 – 28-31 May Mabo (No 2) Hearings

1991 – 2 September Council for Aboriginal Reconciliation (CAR) Act. “Because it would be most desirable that there would be such a reconciliation by the 2001 Centenary.”

1992 – May Torres Strait Islander flag designed in a competition.

1992 – 3 June Mabo (No 2) decision handed down

1993 – September Sydney wins 2000 Olympic bid

         – December Native Title Act 1993

1994 – Commonwealth games in Victoria, B.C. Canada. Cathy Freeman parades flag x2.

1995 – 14 July. Flags Act Aboriginal and Islander flags become official Flags of Australia. But they are due to expire in 2008 because of an ‘administrative error’.

Looking back, it is amazing how quickly these things happened. In just 5 years after Mabo showed First Nations sovereignty as an existential threat to Australia, the Aboriginal resistance flag (which was already 20 years old), morphed into an Aboriginal identity flag, now officially named the “Australian Aboriginal Flag”. A competition was held to design a flag to represent Torres Strait Islander peoples. Note… designed in a competition – not a spontaneous grass-roots action out of practical necessity. Both became official flags of Australia, signed off by the Queens representative, the Governor-General. Note that an administrative error meant this decree would expire in 2008. An honest mistake – or did someone think the flags would only need temporary enacted, pending a successful republic referendum perhaps?

From the Proclamation Explanatory Statement (emphasis added);

A proclamation was made by the Governor-General on 14 July 1995 recognising the flag described in the Schedule as the flag of the Aboriginal peoples of Australia and a flag of significance to the Australian nation generally, and appointing the flag under section 5 of the Flags Act 1953 as the flag of the Aboriginal peoples of Australia and to be known as the Australian Aboriginal Flag.

Read carefully – the flag of the Aboriginal peoples. That was not what the flag represented just a few year earlier. Before Cathy Freeman draped herself in it at the Commonwealth games it was more like the Eureka Stockade flag, a flag of resistance. Also the name, “Australian Aboriginal Flag” – Aboriginal peoples as a group are still not Australian, we are foreign to the Australian system, something which I will write about more later.

Cathy Freeman didn’t get into trouble for her actions, she sparked discussion and controversy but that was about it. In the 1994 Commonwealth games she carried the Aboriginal flag TWICE. Once after winning the 400m. She was warned not to do it again, yet despite her clear future ambitions to win an Olympic medal at the already announced Sydney Olympics – she ignored the warning and carried the flag again after winning the 200m. Why did she put her Olympic future in jeopardy from disobeying instructions by carrying the flag the second time? Later during the Sydney 2000 Olympics, she was the final torch-bearer and lit the cauldron. Do you think someone who is a threat to the establishment would be granted such privileges? It was a set-up. I am not saying Cathy Freeman herself was “in on it”, she may have come up with the idea herself, but I am saying it is very doubtful that they didn’t want her to do it. She was permitted – if not behind the scenes encouraged to do this to re-brand our flag of resistance in order to diffuse negativity against the occupying government in time for the Sydney Olympics. But – if the only purpose was merely to diffuse negativity of the flag for the upcoming Olympics, then the Torres Strait Islander flag would not also have been designed and put in the act – there is a greater agenda at play.  The greater agenda is to push “Reconciliation” and  assimilation to prepare for the 1999 referendum.

I won’t discuss Native Title here as it is a huge topic, but if you are aware how problematic the Native Title Act has been for land rights, for context keep in mind that post-Mabo era was where Native Title started.

Road-map to 1999 referendum

If you have ever worked with or for Government, you know they love their multi-year plans and road-maps. Another thing they love, is setting the finish-line of these plans on significant anniversary dates.

The 2001 Centenary (100 years since Federation) was one such significant anniversary. The big goal was to pass the 1999 republic referendum, hold the Sydney Olympics, and become a republic 100 years after federation.

Sovereign First Nations dodged a major bullet when the 1999 referendum failed. The referendum plan was likely initiated in the chaos of Mabo, a plan to reconcile (“reconciliation”) the legal ramifications from the (illegal under International law) occupation that goes back to first contact. The plan of making the Aboriginal flag and Torres Strait Islander flag as identity flags and putting them in the flags act, the “Reconciliation” public education campaign run by CAR, as well as adding a Aboriginal recognition constitutional preamble was to assimilate us in their system as much as possible, make us seem like we are legally Australian.  It is a continuation of 1967 when Aboriginal peoples got the vote.

It might sound a bit silly – to think that these little things matter – but perspective does matter. Think about what it looks like from an outsiders perspective. Aboriginal people are voting, have their flag in Australian law, participating in society, sending their kids to Public schools, traveling on Australian passports, using public hospitals/medicare, paying taxes – even though many simultaneously keep their cultural ties, customs and laws. We are acquiring citizenship by Australia by a process of “fake it until you make it”. What is not obvious to an outsider is that Aboriginal people don’t have a choice – it is assimilate or die/live in poverty. There is a carrot/stick approach at play.

Should the 1999 referendum have passed, when the Crown hands back the reigns she hands it to a seemingly happily united democratic country. A new independent country that inherits it’s Sovereignty through the Aboriginal peoples, who would in turn gain full Australian citizenship through statute buried in the Republic fine-print during Crown hand-back. Hopefully, the Aboriginal peoples wouldn’t catch on to what happened to their Sovereignty, they all move to the city and are accepted by the mainstream who have been educated by “Reconciliation” to play nice and not be racist.

But the referendum failed. The Australian public rightly sensed it as being pushed from the Government onto them, they saw it as a power grab from politicians, and the public didn’t see much in it for them.

When a referendum fails, a government can’t just keep holding the same referendum over and over again until they get the answer they want (although some try!). They have to wait another 10-20 years for things to settle down, and to give time to enact “awareness” campaigns. After the failure in 1999, a new planning phase began for a retry. They didn’t waste any time.