Saab “directly linked” to harm as their missile found on traditional land

A recent investigation has found that weapons maker Saab has been “directly linked” to harm after one of its missiles was discovered on traditional Aboriginal land at Lake Hart, near the Woomera Prohibited Area in South Australia.

History of Investigation

  • In January 2021, traditional owners from the Kokatha people discovered a 1.3-metre anti-aircraft missile manufactured by Saab on land at Lake Hart—a heritage site where the Kokatha have cultural responsibilities.

  • The presence of the missile meant the brothers who found it were prevented from accessing their country while the device remained. They said they were not assured it wasn’t “live” and had to stop cultural monitoring work.

  • After a four-year investigation by the Australian National Contact Point for the Organisation for Economic Co‑operation and Development (OECD) Guidelines for Multinational Enterprises, it was concluded Saab did not cause or contribute to the harm, but was “directly linked” because it manufactured and supplied the ordnance.

Legal Impact

  • The finding holds significant implications for multinational companies, particularly in how they assess downstream impacts of their products (for example, how weapons might be used, or where debris might fall) and their human-rights due diligence.

  • From a legal perspective, it emphasises that duty of care and corporate responsibility can extend beyond direct causation into being “linked” via supply chains or production.

  • For Indigenous communities, the decision recognises the adverse impact on cultural access, spiritual relationship with land, and the rights to practice culture and maintain heritage.

If you are a Traditional Owner, land manager or a stakeholder in defence/adjoining land use, this case demonstrates:

  • The importance of documenting access restrictions or interruptions to country, cultural practice or monitoring caused by third-party activity.

  • That multinational and local companies may be held to account—even where they do not directly cause the harm—if their products or operations are linked to rights impacts.

  • That the value of early engagement and human-rights-risk assessment is increasing in Australian and international law.

Take-away

This investigation sends a clear message: companies cannot simply rely on their customers or downstream users to manage all risk. If a product ends up on country and disrupts cultural rights or access, the manufacturer may be “directly linked” to the harm—no matter how remote the supply chain.

For Indigenous custodians and land managers, this decision offers a new avenue for asserting rights and accountability. For companies, it’s a wake-up call to sharpen their human-rights risk frameworks.

This OYBlog was created with AI assistance based on the following sources: Weapons maker Saab ‘directly linked’ to human rights harm over missile at Lake Hart and Weapons maker Saab ‘directly linked’ to human rights breach after missile found in South Australian Indigenous Area

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