Read The Times Australia

Daily Bulletin

Australia's coal politics are undermining democratic and Indigenous rights

  • Written by: Kristen Lyons, Associate Professor Environment and Development Sociology, The University of Queensland

Can Australia achieve fair and open decision-making when big coal players are involved? The case of Adani’s proposed Carmichael coal mine suggests the answer is no, and Indigenous land owners are bearing the brunt.

The Queensland government’s recent decision to declare the mine “critical infrastructure” grants the Queensland Coordinator General extraordinary powers to progress the development.

Yet the highly contentious mine continues to face criticism for its environmental impacts, as well as financial woes, as well as active resistance from traditional land owners in the region, represented by the Wangan and Jagalingou Traditional Owners council.

Carmichael in court

The mine has now faced several court challenges, including lawsuits on the basis of groundwater and biodiversity, climate change (including the burning of coal and its impacts for global warming and the Great Barrier Reef), and questions over whether it is economically viable and in the public interest.

While the decisions have generally fallen in favour of the mine, they have provided a platform for experts to expose the project’s impacts and the current limitations of environmental laws. They have also secured additional environmental conditions for the project’s approval.

The Carmichael mine is also a battleground for human rights concerns and specifically the rights of Indigenous peoples. The Wangan and Jagalingou Traditional Owners council are engaged in several legal cases that could impact on the licensing of the project, leading to further delays, investment risk, and leases and agreements being overturned.

Wangan and Jagalingou council say the mine will “tear the heart out” of their ancestral lands, which is why they remain resolute in saying no to a land deal with Adani and the atate. These challenges sit outside the current powers of the Coordinator General and are at the intersection of Australia’s native title system and the rights of Indigenous peoples under international law and conventions.

For Indigenous communities, the mine’s Indigenous Participation Plan would deliver the equivalent of a paltry A$5,000 for each person living in the region each year, a scenario described by one traditional owner as “not a future for Aboriginal people, it’s a scam”.

Sidelining dissenting voices

Besides championing coal, state and federal ministers have repeatedly called for significant winding back of environmental (and other) laws that regulate mining, thereby closing down options to oppose the coal industry’s expansion.

Eroding the rights of activists and watering down laws is part and parcel of the approaches to marginalise dissenting voices, and thereby eroding democracy.

These approaches include expediting court processes to constrain landholders’ rights to object to proposed mines, and reducing the scope and legitimacy of environmental and social impact assessments.

Meanwhile, those who challenge the growth of Australia’s coal industry - including environmentalists, Indigenous rights activists, progressive philanthropists and lawyers - are labelled “irresponsible” and economic saboteurs.

Recent news that environmental groups have received funding from donors in the United States are being used to misrepresent opposition to Australia’s coal industry as driven by foreign interests.

Yet what the array of environmental and Indigenous legal cases against Adani powerfully demonstrate is the tireless commitment of (often volunteer) local, regional, and in some cases national, organisations and groups, as well as public interest lawyers, seeking to engage in democratic legal processes to shore up sound decision making, as well as the future for the regions in which many of these activists live.

In response, Prime Minister Malcolm Turnbull has indicated he may revisit laws to prevent environmental groups taking projects like the Carmichael mine to court, harking back to a debate started by Attorney-General George Brandis last year.

The Indigenous rights agenda

In the case of the Wangan and Jagalingou Traditional Owners council, this campaigning occurs despite severe disadvantages (as documented during a recent visit by the UN Special Rapporteur), including severe pressure from mining companies.

It is also curious to note that amid the flurry of recent media coverage of anti-coal activism, Indigenous opposition to the Carmichael mine has been largely whited out of the story, except where traditional owners are insulted as simply bit players under the influence of the environmental movement.

This is despite the sustained opposition to the mine from the Wangan and Jagalingou Traditional Owners’, who have said no to Adani three times. By ignoring them, government and media fail to acknowledge the Indigenous rights-based challenge to the Carmichael mine, and the campaign which could unravel the thin veneer of native title on which the state relies to sanction the project.

By saying no to Adani, Wangan and Jagalingou council are leaders in the global climate change and human rights movement. They are at the forefront in carving out a path that challenges Australia to meet its international responsibilities.

It remains to be seen whether Australia has the vision and courage to commit to a human rights agenda in grappling with the challenges of climate change and energy transition. Respecting Traditional Owners’ right to say “no deal” to Adani would be a great start.

Authors: Kristen Lyons, Associate Professor Environment and Development Sociology, The University of Queensland

Read more http://theconversation.com/australias-coal-politics-are-undermining-democratic-and-indigenous-rights-66994

Business News

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How Long Does Interstate Freight Take in Australia?

If you have ever arranged for stock, equipment or materials to travel from one Australian state to a...

How AEC Firms Can Scale Faster Without Sacrificing Project Quality

Growth presents a fundamental dilemma for architecture, engineering, and construction firms: expan...

What Makes an Aesthetic Clinic Worth Going Back To?

Trying an aesthetic clinic for the first time can feel like a bit of a gamble. You can read review...

Elevate Your Morning Routine with Cafe-Style Coffee at Home with the Right Coffee Machine

There's something magical about that first sip of coffee in the morning. It’s more than just a bev...

Top Garment Steamers for Busy Professionals in Australia

The gap between garment steamers built for a quick touch-up and ones built to keep pace with a wor...

Correct Sleeping Posture to Minimize Back Strain

Most people don’t pay much attention to how they sleep until they start waking up with a stiff bac...

Why Product Longevity Matters for Sustainable Australian Buildings

Sustainability in building design is often associated with recycled materials, renewable resources a...

NDIS Support Coordination Explained: What Does a Support Coordinator Actually Do?

NDIS support coordination explained means understanding how a professional can help participants n...

When Should You Speak with Divorce Lawyers in Sydney?

Divorce involves more than completing an online application. It can affect parenting arrangements, p...