On the sacred island lands off the coast of the Northern Territory, traditional owners have travelled thousands of kilometres to put another obstacle in front of a major gas giant's plans for development in pristine waters — that could generate billions of dollars.
Just weeks after Tiwi Island traditional owners lodged 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 — Australia's top 20 superannuation funds are now being targeted.
"What we are asking these superannuation funds is please respect our human rights," Antonia Burke, a Malawu clan member said.
"We do not want Santos to build a pipeline or to drill off the coast here … and we want the super funds to hear us and act."
In a complaint signed by traditional owners from the Tiwi Islands, Larrakia Country and Gomeroi and Gamilaraay Pilliga Forests in northern New South Wales, they argue the super funds are "failing to meet international human rights standards [by] investing in the companies".
"The [Santos] projects breach the economic, social and cultural rights of the Impacted Tiwi communities," the letter of grievance states.
The $4.7 billion Barossa project — earmarked to be built in Commonwealth waters — has been put on ice, after Santos lost a federal court appeal against a previous decision that found Tiwi Island traditional owners were not properly consulted.
Santos is also facing increased costs from changes to the federal government's safeguard mechanism.
But the company is pushing ahead with its development plans, visiting Melville Island on Wednesday for a second round of consultations.
Ms Burke said the company was asked not to come.
"We wrote to them and said 'please don't come on Wednesday because we are in ceremony to prepare for one of our greatest cultural festivals of the year', where all Tiwi people are coming to our community [for the Yirriwinari Festival] to practice our rituals," she said.
Despite numerous phone calls and legal requests, Ms Burke said, the company refused to change the consultation date, and flagged she hoped the newest complication for Santos would be a clear message of opposition.
The ABC has contacted Santos, some of the larger super funds, and the Australian Council of Superannuation Investors for comment.
Super fund Rest told the ABC its investment decisions were "made in the best financial interests of [its] members" and said it took environmental and social factors into consideration.
"We are an active owner and believe that engaging with companies on environmental, social and governance (ESG) risks and opportunities is one of the most effective ways of protecting members' interests," a spokesman said.
When asked about the complaint, Chief Minister Natasha Fyles said the Northern Territory government "under[stood] the importance of having jobs for all Territorians, development in our regions and ongoing energy security as we transition to renewables".
She said it was up to Santos to ensure it complied with relevant regulations and consulted traditional owners.
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 own process with Santos and other mining companies in relation to desecrating their land and sea," he said.
Despite the consultation ending abruptly, with some community members walking out in anger, Mr Puruntatameri said overall "it was OK".
"There are improvements that we can make as well as [Santos], and we acknowledge the fact that they are learning about our way," he said.
"But I don't think we'll ever come on board with this project no matter what they have to offer because this is not about money. It's about protecting our heritage.
"We are only here to fight for what we believe is the right thing for our people and the future of our generations."
Ancient way of life at risk
The human rights complaints, lodged by Equity Generation Lawyers with assistance from Market Forces, outlines concerns from traditional owners that the project risks sacred sites, the environment, and efforts to limit increases in carbon emissions.
"Traditional owners and members are asking funds to justify their investment in Santos and disclose how they are complying with human rights standards," Vidhya Karnamadakala from Equity Generation Lawyers said.
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 Ms Burke said families catch fish for dinner every evening.
"It will completely disconnect us from our cultural and spiritual way of being," she said.
"The Tiwi islands are not safe. We know that Santos is not safe, they have a trail of destruction across the country; oil spills in Western Australia, gas pipeline explosions [sic] in South Australia.
"We've requested meetings with [Federal Environment Minister] Tanya Plibersek, with the minister for Indigenous Affairs Linda Burney, to say 'please help us'.
"No one seems to be listening."
