A group of Wangan and Jagalingou First Nations people have lodged a racial discrimination complaint against coalminer Adani, alleging the company engaged in a decade-long “pattern of conduct” that included making offensive statements and social media posts.
The complaint to the Australian Human Rights Commission alleges Adani breached the federal Racial Discrimination Act by attempting to block them in 2023 from accessing Doongmabulla Springs, a sacred site near the Carmichael coalmine in outback Queensland.
The claim also alleges Adani breached section 18C of the act, which prohibits offensive, insulting, humiliating or intimidatory comments, in press releases and social media posts that implied members of the group were not “legitimate” or “genuine” Aboriginal people with a connection to the site.
Statements by Adani, cited in the complaint, allegedly imply that members of the group were “activists” rather than First Nations people attempting to practise culture.
On Thursday, Bravus Mining and Resources, the trading name of Adani’s Australian mining arm, made statements accusing the Wangan and Jagalingou opponents of the mine of acting “at the behest of anti-fossil fuel groups”.
Wangan and Jagalingou traditional owner Adrian Burragubba, a longstanding opponent of the Carmichael mine, released a statement on Thursday on behalf of the group lodging a federal anti-discrimination case. The statement accused Adani of engaging in a “smear campaign” against them.
Burragubba said: “We have endured years of discrimination and vilification from Adani, and we’re not putting up with this any more.
“Adani has been on notice about their conduct since our lawyers sent a concerns notice last year, and they refused to take action. Legal recourse is the only answer.”
The federal anti-discrimination case lodged by Burragubba, his son Gurridyula, and nine other family members alleges Adani breached section 9 of the act by seeking to “verbally and physically obstruct and prevent” Burragubba and others from accessing the Doongmabulla Springs “in order to perform cultural rites and share cultural knowledge”.
Guardian Australia published video of a brief standoff at the site in September last year.
The complaint alleges that social media posts on the Bravus Facebook page attracted offensive comments – which the company failed to remove – which describe members of the group as “filth” and “deserving of being killed”.
“This company thinks it can impair our human rights, destroy our lands and waters and smash our culture, and then denigrate us in the eyes of the world,” Burragubba said.
“And they are barracked on by people on their social media channels without any moderation. Well, we intend to change the racism and resentment directed at Aboriginal people who stand up for their rights,” he said.
Seven of 12 members of a Wangan and Jagalingou native title applicant group agreed to a land-use agreement with Adani in 2016, as required under complex native title laws. Others, including Burragubba, were opposed to the mine and have campaigned against it. One of their key concerns is about the potential for water to be affected at Doongmabulla Springs.
Adani has repeatedly claimed scientists and others with concerns about environmental impact of the mine are anti-coal campaigners.
The company said on Thursday it had not been notified about a complaint.
“We wholly reject the allegations made by Mr Burragubba in this latest attempt to stop Bravus from telling our side of the story and sharing facts with the public about our interactions with him and members of his ‘family council’,” a spokesperson for Bravus said.
The statement said Gurridyula had been prosecuted for assaulting two mine workers and made public threats to workers via social media.
“Mr Burragubba and his allies in the anti-fossil fuel movement have tried for many years to discredit our company and stop our Carmichael mine which has been operating safely and responsibly in line with Queensland and Australian law and in partnership with the majority traditional owner group.
“Mr Burragubba has acted at the behest of anti-fossil fuel groups such as the Sunrise Project.
“We have a right to defend our business and shine a light on the behaviour of Mr Burragubba, [Gurridyula], and any others who act for their cause, and we will continue to do so.”
