Will U.K. based multinational mining corporation Rio Tinto Ltd be stripped of its status as a human rights leader following its destruction of an Aboriginal sacred site showing evidence of 46,000 years of human habitation?

"The fact that nearly half of the companies assessed (49%) score 0 across all indicators related to the process of human rights due diligence is particularly alarming. These indicators focus on the specific systems the company has in place to ensure that due diligence processes are implemented to assess the real-time risks to human rights that the company poses, to act on these findings so as to prevent and mitigate the impacts, and to track and communicate those actions. Human rights due diligence is a fundamental expectation of the UN Guiding Principles on Business and Human Rights (UNGPs). The three companies that top the 2019 ranking (Adidas, Rio Tinto and Unilever) all score full points on the human rights due diligence indicators...Eleven [of the 56 extractive] companies score above 50%, with Rio Tinto, BHP Billiton, Freeport McMoRan and Repsol in the highest scoring band of 70-80%" [Corporate Human Rights Benchmark 2019 Key Findings]

The New York Times, 8 July 2020:

MELBOURNE — Aboriginal and human rights groups on Thursday called for miner Rio Tinto Ltd to be stripped of its status as a human rights leader following its destruction of an Aboriginal sacred site showing evidence of 46,000 years of human habitation. 

With state government approval, the world's biggest iron ore miner in May destroyed two sacred caves in the Juukan Gorge in the Pilbara region of Western Australia as part of a mine expansion. 

 Rio's response to blowing up the caves was "far from adequate", 35 Aboriginal and Torres Strait Islander and human rights groups said in a letter requesting the miner be suspended from the Corporate Human Rights Benchmark (CHRB). 

Netherlands-based CHRB is a public benchmark of corporate human rights performance. 

It lists Rio as the highest ranked extractives company globally on human rights issues, with a score in the second highest possible band.  

"We are calling on the Benchmark to ensure that the company's human rights ranking reflects the reality for people here on the ground," said Wayne Bergmann, a Kimberley Aboriginal leader and chief executive of Aboriginal charitable trust KRED. 

Rio apologised for the distress it caused to the Puutu Kunti Kurrama and Pinikura people and launched an independent investigation into how the destruction occurred.

Thursday's letter disputed Rio's explanation of the incident as a "misunderstanding", saying that the indigenous land owners had brought to Rio's attention on several occasions the archaeological and ethnographic significance of the site. 

Rio declined to comment on the letter......

Prior to the November release of its Corporate Human Rights Benchmark 2020 CHRB issued this:

Corporate Human Rights Benchmark (CHRB), media release, 9 July 2020: 

Due to the destruction of a 46,000-year-old Aboriginal heritage site by Rio Tinto at Juukan Gorge in Western Australia on 24 May 2020, the Corporate Human Rights Benchmark (CHRB) and the World Benchmarking Alliance (WBA) have decided to append this statement to Rio Tinto’s latest CHRB results. 

It would be inappropriate for CHRB to continue to assess and rank Rio Tinto in one of the highest-scoring bands and as the top mining company without reference to this incident. 

The CHRB seeks to provide robust and credible information on companies’ actions to respect human rights across their business, and it would be misleading not to reference this severe impact as a complement to the latest results. 

The statement appears in the homepage banding table, in the company's latest scorecard and in the latest overall dataset.

~~~~~~~~~~~~~~

"It would be inappropriate for CHRB to continue to assess and rank Rio Tinto in one of the highest-scoring bands and as the top mining company without reference to this incident....The severity of the impact and the context in which it took place, including the process that led to it and allegations of other similar impacts involving the company, raise concerns that go beyond this specific incident and point to possibly more systemic weaknesses in the company’s approach to human rights." [CHRB response to the destruction of a 46,000-year-old Aboriginal heritage site by RioTinto at Juukan Gorge in Western Australia on 24 May 2020]

~~~~~~~~~~~~~~

Hopefully this statement means that Rio Tinto Ltd will get more than a small red flag next to its ranking with a brief one line explanation for ongoing human rights issues, such as was afforded to another extractive industry high flyer, BHP Billiton.

BACKGROUND

ABC News, 5 June 2020:

Mining giant Rio Tinto was alerted six years ago that at least one of the caves it blasted in Western Australia's Pilbara region last month was of "the highest archaeological significance in Australia".  

Advice delivered to Rio Tinto and the Puutu Kunti Kurrama and Pinikura (PKKP) Indigenous people of the region six years ago was never publicly released. The ABC has been given a summary of the contents of the report, as well as earlier archaeological survey work and excavations at the sites dating back to 2004. 

The documentation of the 2014 report by archaeologist Dr Michael Slack confirmed one of the sites that was blasted, the Juukan-2 (Brock-21) cave, was rare in Australia and unique in the Pilbara. 

"The site was found to contain a cultural sequence spanning over 40,000 years, with a high frequency of flaked stone artefacts, rare abundance of faunal remains, unique stone tools, preserved human hair and with sediment containing a pollen record charting thousands of years of environmental changes," 

Dr Slack wrote. "In many of these respects, the site is the only one in the Pilbara to contain such aspects of material culture and provide a likely strong connection through DNA analysis to the contemporary traditional owners of such old Pleistocene antiquity."....

Before and After

Juukan Gorge caves, BBC News, 31 May 2020

NSW farmers against gas fields on agricultural land or in vicinity of rivers, lakes and underground water

The Daily Telegraph, 21 June 2020:

Local farmers are spoiling for a fight with the State government over plans to dig hundreds of gas wells across NSW’s most fertile countryside.

A proposed $3 billion project to drill 850 coal seam gas wells between Narrabri and Gunnedah would be a “climate crisis” according to farmers in north west NSW, who hold grave fears for the future of livestock, cropping and human drinking water.

The NSW Department of Planning last week approved the proposal after a drawn out three-year process, which means the final hurdle is sign-off from the Independent Planning Commission.

A NSW Farmers branch representing hundreds of farmers across the Liverpool Plains voted unanimously to call on its peak industry body to up the ante in its opposition to the coal seam gas project.

The Gunnedah and Tambar Springs branch of NSW Farmers has formally requested its parent body lobby the government to scrap the Narrabri coal seam gas project and extinguish 11 expired and inactive petroleum exploration licences dotted around the region.

Santos Narrabri Gas project has raised alarm among farmers over the future of livestock, cropping and human drinking water in the area. Picture: Nathan Edwards.

Santos has claimed the project won't compromise the Great Artesian Basin – the world’s largest underground freshwater tank, big enough to fill Sydney Harbour 130,000 times – but farmers maintain there is too high a risk it could deplete and irreparably contaminate the aquifer.

"What my members are saying is they can produce food and fibre without gas, but they can’t do it without water,” branch secretary and wheat farmer Xavier Martin said.

“The Berejiklian government is not listening so NSW Farmers has to escalate this.”

Farmers see the Narrabri project as a “Trojan horse”, which if approved will encourage gas miners to fire up 11 expired and largely inactive petroleum exploration licences in the state’s north west from the Upper Hunter and Liverpool Plains north to Moree and west to Coonamble.

Nationals MP for Clarence Chris Gulaptis: a portrait of political ignorance

Extract from an email sent by NSW Nationals MP for Clarence Chris Gulaptis (former surveyor, property developer, local government councillor) on 20 May 2020:

Timber harvesting operations take place in around one per cent of State forests each year, which is around 0.1 per cent of forested land in NSW.

Well managed, sustainable timber harvesting operations provide the essential renewable building products our communities need to rebuild following the recent fire season, from power poles, to timber bridge and house frames.

By ensuring an ongoing wood supply, we will help maintain local jobs when they are most needed and meet the critical timber supply needed to rebuild our local communities.

Our forests have been harvested and regrown many times over the past 100 years. Importantly, they have also successfully recovered from bushfires before.

A small number of selective harvesting operations that commenced prior to the fires have continued under the strict regulations governing native forestry in NSW.

These rules require Forestry Corporation to set aside large areas of habitat in every operation they carry out. These rules have been developed by expert panels of scientists to ensure wildlife populations continue to thrive alongside sustainable timber harvesting.

However, the primary focus is on salvaging what timber can be recovered from those badly burnt parts of the forest. These are areas so severely affected by fires they are largely devoid of any habitat. Forestry Corporation is also preparing to embark on a massive re-planting program to recover this estate.

Well, how does one reply to a pottage of misleading statements about a timber industry rife with rule breaking and environmental vandalism?

Firstly the Forestry Corporation of NSW controls more than two million hectares of native and planted state forest in New South Wales and, annually it takes an est. 2.5 million m³ of sawlogs and around 2 million tonnes of pulpwood from these forests, which means it supplies an est 14% of Australia's timber product. This year to date the Forestry Corporation has harvested est. 1.21 million m³ of timber product.

Secondly, on a regular basis the timber industry racks up warnings and fines. As little as four weeks ago the NSW Environment Protection Authority announced that the Forestry Corporation had been fined $31,100 for failure to abide by conditions immposed concerning avoidance of environmentally sensitive areas and retention of habitat trees.

Thirdly, perhaps a few images will clearly show that even after severe bushfires, in the absence of chainsaws and logging trucks, trees will begin to recreate "habitat".

All photographs found at Google Images

And then there is this aspect.....

ABC News, 29 January 2020:

Research has also shown forests that are logged post-fire and then regenerated have an increased risk of burning in high-severity crown-scorching fires. 

This extra fire risk lasts for about 40 years after logging. That is, a burnt forest which is logged tomorrow will still carry an elevated fire risk in 2060. 

A global review published in 2009 showed that links between logging and elevated fire risk is a problem seen in wet types of forests worldwide. 

In 2016, an Australian study published by the Ecological Society of America found tree fern populations crashed by 94 per cent after post-fire logging..... 

Many burnt trees that look dead now will re-sprout in the next few weeks or months. This is already occurring in the burnt coastal forests of NSW. 

These recovering trees must not be logged. They are essential for the survival of animals like gliding possums — research shows that these animals are unlikely to return to forests that are logged immediately after burning for 180 years (if they can return at all). 

Heavy logging machinery will kill many of the plants that germinate in the nutrient-rich bed of ashes on the forest floor. 

Animals that have miraculously survived in burnt areas can also be killed in logging operations. 

Pioneering research from southern Australia has shown that fungi and nutrients in soils can take up to a century or even longer to recover from salvage logging. 

Mass movement of soils in areas logged post-burn can choke rivers and streams and trigger fish kills as well as kill many other kinds of animals....

The Guardian, 6 May 2020:

A group of senior Australian scientists have warned in an international journal that logging native forests makes fire more severe and is likely to have exacerbated the country’s catastrophic summer bushfires. 

In a comment piece published in the journal Nature Ecology and Evolution, the scientists call for a clearer discussion about how land management and forestry practices contribute to fire risk. 

The article by the scientists David Lindenmayer, Robert Kooyman, Chris Taylor, Michelle Ward and James Watson comes amid intense debate about the resumption of logging in Victoria and New South Wales in bushfire hit regions..... 

In the comment piece, the scientists say much of the conversation in the aftermath of the spring and summer bushfires had rightly focused on climate change, but the impact of land management and forestry on fire risk was often neglected in these discussions. 

They highlight this as a concern because land management policy was “well within the control of Australians” and the fires had been used by some sectors of the industry to call for increased logging in some areas. 

The paper says industry data showed that some 161m cubic metres of native forest was logged in the period from 1996 to 2018. 

“Beyond the direct and immediate impacts on biodiversity of disturbance and proximity to disturbed forest, there is compelling evidence that Australia’s historical and contemporary logging regimes have made many Australian forests more fire prone and contributed to increased fire severity and flammability,” the scientists write. 

This occurs because logging leaves debris at ground level that increases the fuel load in logged forests. It also changes forest composition and leaves these areas of forest both hotter and drier, they say. 

The article says during the bushfire season fire had spread from logged areas adjacent to old growth eucalypts and rainforests in the Gondwana world heritage reserves..... 

The Daily Examiner, 25 May 2020: 

The public was recently invited to comment on a draft code of practice – the “rule book” – for private native forestry. 

The CoP has been in place for about 15 years, with the current draft resulting from the mandatory five-yearly review. 

With the stated aim of ensuring ecologically sustainable forest management, one would expect any review to focus on that aim but unfortunately that has not been the case. 

Ecologists and conservationists have two major concerns, the first being that, while there are provisions to protect threatened flora and fauna that are known to inhabit the proposed logging areas, there is no requirement to actually look for them. 

In fact, unless there is an ­official record of a threatened species on the property, it is assumed they don’t occur there. 

The second concern is a lack of compliance monitoring and enforcement, for which there is certainly a wealth of evidence. 

Although it’s difficult to pinpoint a reason, possibly it relates to a lack of political will to take action against the industry at large. 

Perhaps it is a case of under-resourcing, poorly drafted legislation open to interpretation or all of the above but the fact remains that flouting of the code’s regulations is widespread. 

Two years ago, the Clarence Environment Centre reported one local case where a PNF ­operator broke virtually every rule in the book – literally hundreds of breaches. 

Logging on creek banks, in swamps, on rocky outcrops and on cliff edges. 

Snigging tracks were constructed on excessive slopes and across gullies, erosion control measures were inadequate, threatened species had been trampled by machinery and rubbish such as oil drums and tyres were left littering the landscape. 

The investigators spent days on site confirming the ­reported breaches and finding additional ones, yet almost two years later no action has been taken against the culprits and with the two-year statute of limitations looming, the case will likely be dropped. 

Unless operators are held to account, how can we have any faith in the supposed aim of Ecologically Sustainable Forest Management? 

John Edwards, Clarence Valley Conservation Coalition

Time to fight for the forests in New South Wales

In the 2019-20 bushfire season wild fires ravaged forests across New South Wales.

The 100km deep coastal zone running the length of the state was particularly hard hit, but Nambucca State Forest was spared and is a critical refuge for unique wildlife still struggling after those fires.

The Sydney Morning Herald reported on 1 May 2020 that; Government logging has resumed in fire-damaged forests in NSW despite warnings that devastated bushland and endangered wildlife are too fragile to withstand further disruption.....about 92 per cent of the area set for logging was burnt in the fires.

On the morning of Friday 15 May 2020, Gumbaynggirr Traditional Owners and the Nambucca community peacefully demonstrated outside the forest and successfully stopped the NSW Forestry Corporation logging for the day. 

This forest is one of the few remaining patches of unburnt koala habitat and critical refuge for wildlife after the recent bushfire season. 

Community action brought a welcome reprieve but the fight is just beginning. 

The people of New South Wales still need to make sure Nambucca State Forest is kept safe for good. 

Support the Gumbaynggirr Traditional Owners on the frontline by calling on your MP to take urgent action to stop this logging destruction.

Join the fight and email your own state MP to save Nambucca and all native forests from the chopping block.

If you live in the Oxley state electorate make sure to email local Nationals MP Melinda Pavey at oxley@parliament.nsw.gov.au.

At 10am on Tuesday 19 May 2019 logging trucks again entered one of the few unburnt refuges in Nambucca State Forest at Jack Ridge Road, Nambucca. If you live in the region now is the time to protest legally along boundaries of this forest at logging road entrances.

The 'Protect Nambucca Heads State Forest' group have put out a call for assistance.

Just a reminder that although the Australian Parliament is not regularly sitting during the COVID-19 pandemic, the drive to dismantle environmental protections continues apace

The Morrison Coalition Government, aided and abetted by the NSW Coalition Government and industry is pressing ahead with dismantling New South Wales environmental protections by omission & commission.

Here are just five examples.....

The Oops, my bad! Defence

The Age, 10 May 2020:

One of NSW's major thermal coal miners has admitted it submitted inaccurate figures on the carbon emissions impact of its fuel in an environmental declaration to the state government.

Centennial Coal stated in its submission for an extension of its Angus Place coal mine near Lithgow that burning its coal would produce 80 kilograms of carbon dioxide per tonne. Similar mines – including two of its own – actually cause 30 times more emissions, or 2.4 tonnes of CO2 per tonne of coal.

"Absolutely, we stuffed up," Katie Brassil, the company's spokeswoman said. "Our consultants got it wrong and so we got it wrong."

The assessment of emissions resulting from burning fossil fuels has become a sensitive one in NSW after approvals for two projects were rejected because of the impact of so-called Scope 3 or downstream emissions resulting from burning the product……

Don’t Look Here, Look Over There!

Channel 9 News, 9 May 2020:

A controversial plan for a US company to mine coal beneath a Sydney drinking water dam has been approved by the New South Wales state government while focus was on COVID-19.

Woronora reservoir, an hour's drive south of the CBD, is part of a system which supplies water to more than 3.4 million people in Greater Sydney.

The approval will allow Peabody Energy to send long wall mining machines 450 metres below the earth's surface to crawl along coal seams directly below the dam.

Dr Kerryn Phelps says the fact the decision was made "under the cover of coronavirus" is "unfathomable".

NSW has spent 12 of the last 20 years in drought, with record low rainfall plunging much of the state into severe water shortage last year.

"We know about the potential for catastrophe," Dr Phelps told 9News.com.au.

"We just cannot let this [decision] go unchallenged."…..

Washing Their Hands Of The Problems They Caused

The Sydney Morning Herald, 9 May 2020:

Experts warn the Morrison government is not using its legal powers to protect wildlife from devastating bushfires, which killed billions of animals in the summer.

Under international law the Commonwealth is responsible for maintaining the biodiversity of World Heritage Areas. Under federal law, it’s also responsible for protecting threatened species listed under the Environment Protection Biodiversity Act. But experts say the Commonwealth is yet to fulfil its responsibilities.

A wombat in the charred remains of a Kangaroo Valley bushfire.CREDIT:WOLTER PEETERS

Environment minister Sussan Ley has argued states and territories have "primary" responsibility for wildlife. But environmental law expert, University of Tasmania professor Jan McDonald, said the environment minister is legally obliged to work with states to prevent bushfire damage to threatened species and World Heritage Areas.

A spokesman for Ms Ley said "other than Commonwealth-managed National Parks [such as Kakadu and Uluru-Kata Tjuta], natural disaster preparedness and response planning is led by states and territories as part of their role as the primary regulators of Australia’s plants and animals."….

Rigging The Books

The Guardian, 8 May 2020:

The federal government has stopped listing major threats to species under national environment laws, and plans to address listed threats are often years out of date or have not been done at all.

Environment department documents released under freedom of information laws show the government has stopped assessing what are known as “key threatening processes”, which are major threats to the survival of native wildlife.

Conservationists say it highlights the dysfunctional nature of Australia’s environmental framework, which makes aspects of wildlife protection optional for government.

The Environment Protection and Biodiversity Act is being reviewed, a once-a-decade requirement under the legislation, and there are calls for greater accountability rules to be built into Australia’s environmental laws.

It follows longstanding criticism that the act is failing to curb extinction.

‘An unacceptable excuse’

In a series of reports since 2018, Guardian Australia has uncovered multiple failures including delays in listing threatened species and habitats, threatened species funding being used for projects that do not benefit species, critical habitat not being protected, and recovery actions for species not being adopted or implemented.

The act lists threats such as feral cats, land clearing and climate change as key threatening processes that push native plants and animals towards extinction.

Once a threat is listed, the environment minister decides whether a plan – known as a threat abatement plan – should be adopted to try to reduce the impact of the threat on native species.

But a 2019 briefing document shows the department has stopped recommending the government’s threatened species scientific committee assess new key threatening processes for potential listing.

“Addressing threats to nature ... should not be treated as a luxury

Evan Quartermain”

Among its reasons given is that the department has limited resources to support the work.

The document says key threatening processes have “limited regulatory influence” – that they have little effect – and the department has limited capacity to support assessments of them. Because of this, the department did not recommend any of the key threatening processes put forward “as priorities for assessment”….

Quick, Before They Notice!

The Guardian, 23 April 2020:

The environment minister, Sussan Ley, has flagged the government may change Australia’s national environment laws before a review is finished later this year.

Ley said she would introduce “early pieces of legislation” to parliament if she could to “really get moving with reforming and revitalising one of our signature pieces of environmental legislation”.

It follows business groups and the government emphasising the need to cut red tape as part of the economic recovery from the coronavirus crisis, and comes as the businessman Graeme Samuel chairs an independent statutory review of the Environment Protection and Biodiversity Conservation (EPBC) Act. An interim report is due in June, followed by a final report in October.

When the review was announced, the government said it would be used to “tackle green tape” and speed up project approvals.

Environmental organisations have stressed the need for tougher environmental protections to stem Australia’s high rate of extinction. Australia has lost more than 50 animal and 60 plant species in the past 200 years and recorded the highest rate of mammalian extinction in the world over that period.

Ley said, with the interim report due by the middle of the year, she expected Samuel would “in the course of the review, identify a range of measures that we can take to prevent unnecessary delays and improve environmental standards”.

“Where there are opportunities to make sensible changes ahead of the final EPBC review report, I will be prepared to do so,” she said.

On Thursday, Ley and the prime minister, Scott Morrison, said work was already under way to speed up environmental assessments of projects and that the number of on time “key decisions” in the EPBC process had improved from 19% in the December quarter to 87% in the March quarter…..

An environment department spokesman said key decisions covered three items in the assessment process: the decision on whether a project requires assessment under the act, the decision on what assessment method will be used, and the final decision on whether or not to approve the project.....

A reminder that the NSW Nationals do not have the best interests of Northern Rivers communities at heart

This was the NSW Nationals Member of the Legislative Council Ben Franklin (left) on the subject of a particular fossil fuel whose by-products, flaring and fugitive emissions contribute to Australia's rising greenhouse gas emissions and poor water security...... 

Echo Net Daily, 21 February 2020:

A recently announced bilateral energy deal between the NSW and federal coalition governments – which includes expanding the gas industry – has the full support of local Nationals MLC Ben Franklin.

Franklin replied to the question of whether he was supportive of the expansion of the gas industry, despite it contributing to anthropogenic climate change.

He said, ‘The bilateral deal on energy signed between NSW and the federal government is a wonderful step forward’.

‘As the minister for energy and the environment Matt Kean says, “It is the single biggest state-based financial commitment to emissions reduction in the nation’s history and represents a massive Green deal for NSW”.’

It’s a statement rejected by The Greens and environmental groups.....

* Photograph from www.parliament.nsw.gov.au