Indigenous people are taking legal action against super funds over mining investments. 

Traditional owners from the Tiwi Islands, Larrakia Country, and Gomeroi and Gamilaraay Pilliga Forests in northern New South Wales have lodged complaints against Australia's top 20 superannuation funds for their investment in Santos.

This comes just weeks after Tiwi Island traditional owners lodged similar complaints against a dozen banks, including ANZ, Westpac, and NAB, for their involvement in a $1.5 billion loan for the Santos-operated Barossa gas project.

In the latest complaint, traditional owners argue that the super funds are “failing to meet international human rights standards … [by] investing in the companies”. 

The letter of grievance states that the Santos project breaches the economic, social, and cultural rights of the impacted Tiwi communities. 

The $4.7 billion Barossa project, earmarked to be built in Commonwealth waters, has been put on hold, after Santos lost a federal court appeal against a previous decision that found Tiwi Island traditional owners were not properly consulted.

The complaint has also raised concerns that the project risks sacred sites, the environment, and efforts to limit increases in carbon emissions. 

The proposed area where Santos hopes to build a pipeline for the Barossa Gas Field is less than eight kilometres off the coast of Melville Island, where families catch fish for dinner every evening. The project could disconnect the traditional owners from their cultural and spiritual way of life.

Tiwi Mayor and senior elder Pirrawayingi Puruntatameri said he hoped the ongoing battle from traditional owners would empower other communities. 

“It's a positive step to help other Indigenous nations who are going through their process with Santos and other mining companies in relation to desecrating their land and sea,” he said.

Santos appears to be pushing ahead with its development plans, visiting Melville Island on Wednesday for a second round of consultations. 

Locals asked the company not to come, but despite that, the consultation ended abruptly, 

The human rights complaints, lodged by Equity Generation Lawyers with assistance from Market Forces, have asked funds to justify their investment in Santos and disclose how they are complying with human rights standards. 

Traditional owners and members are asking funds to justify their investment in Santos and disclose how they are complying with human rights standards.