A group of Indigenous Australians has lodged a human rights complaint against 20 major Australian pension funds for their investments in two gas projects led by Santos Ltd. The complaint, filed directly with the superannuation funds on Wednesday, asserts that the funds bear an “obligation to prevent adverse human rights impacts of companies in which they are invested.”
The complaint, brought by three traditional landowners, contends that the Barossa and Narrabri gas projects pose a threat to their culture, livelihoods, and the environment. Concerns include potential damage to the environment, disruptions to breeding patterns, and harm to nesting grounds of animals.
One fund member has utilized Australian corporations law to request information from the fund, compelling it to provide reasons for investing in Santos and justify the associated benefits, according to the complaint.
Increasingly, environmental, social, and governance (ESG) considerations are influencing investors, prompting changes in management practices, as witnessed in the case of miner Rio Tinto following the destruction of culturally significant rock shelters at Juukan Gorge in 2020.
Santos, the energy company at the center of the complaint, has not yet responded to requests for comment, but it has previously stated its commitment to consulting with all key stakeholders for its projects.
The five largest pension fundsâCommonwealth Super Corp, AustralianSuper, Australian Retirement Trust, Aware Super, and AMPâdid not immediately respond to requests for comments. Collectively managing over A$1.7 trillion (US$1.13 trillion), these funds now face increased scrutiny over their fossil fuel investment strategies.
This complaint follows an appeal in January by the Gomeroi people challenging the permit for the A$3.6 billion (US$2.4 billion) Narrabri gas project in New South Wales. Despite objections, the National Native Title Tribunal had granted Santos permission for the project in December.
Gomeroi traditional landowner Karra Kinchela emphasized the commitment to protecting the environment, stating, “We will not allow [the environment] to be damaged or desecrated to a point where it will not return to its natural state.”
In a separate development, the federal court rejected Santos’ appeal to resume drilling on its A$3.6 billion (US$2.4 billion) Barossa gas project in northern Australia after Indigenous groups raised objections. Santos has indicated it will seek new approvals for the project in accordance with the court’s decision.
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