The US Court of Appeals for the Second Circuit in Manhattan on Jan. 26 overturned an injunction won by Chevon Corporation to block enforcement of what the US oil company claims is a fraudulent, multibillion-dollar judgment in Ecuador for polluting the Amazon rainforest. In reversing the decision made by the US District Court for the Southern District of New York, the Second Circuit held that Chevron may not challenge the approximately $18 billion Ecuadoran judgment before enforcement of that judgment has actually been sought by the Ecuadoran plaintiffs. In its interpretation of the Uniform Foreign Money-Judgments Recognition Act, the court concluded that judgment-debtors like Chevron can challenge a foreign judgment's validity under the Act only defensively and in response to an attempted enforcement. The court found that an effort of enforcement by the Ecuadoran plaintiffs had not yet been undertaken anywhere, and might never be undertaken in New York. While both Chevron and the Ecuadorian plaintiffs have yet to comment on the decision, Chevron has long contended (press release, PDF) that it has never conducted oil operations in Ecuador and that the allegations of environmental and social harm in the Amazon are therefore false.

Loggers have invaded the Amazon home of an "uncontacted" Awa-Gwajá band, a sub-group of the Awá indigenous people, after a young girl was reportedly burned alive as a warning to terrorize the band. The Indigenous Missionary Council (CIMI) news service reported the attack, in the Araribóia reserve of Brazil's Maranhão state, saying that members of the neighboring Guajajara tribe found the burned remains of an Awá child in the forest in October. The corpse was found in an abandoned Awa-Gwajá camp. Guajajara leaders told CIMI that while they often see Awa-Gwajá in the forest while hunting, they have seen none since the attack, and believe they have fled. Luis Carlos Guajajaras told CIMI: "They burned the child. Just to be evil. She was from another tribe, they live deep in the jungle, and have no contact with the outside world. It would have been the first time she had ever seen white men. We heard that they laughed as they burned her to death."

A three-judge panel of the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador, on Jan. 3 upheld a multi-billion dollar fine against Chevron for polluting large areas of the Amazon rainforest in the 1980s. The $18 billion fine, one of the largest in the history of environmental contamination suits, was originally set at $8.6 billion, but was more than doubled for Chevron's refusal to pay "moral reparations" to the Ecuadoran government, as required by the original ruling. As Chevron officials condemn the decision as fraudulent, unenforceable and corrupted by the politicization of Ecuador's judiciary, the corporation is pursuing private recourse through the Permanent Court of Arbitration in The Hague.

Monica Chuji, Ecuador's former communications minister under President Rafael Correa and well-known indigenous activist, was on Nov. 25 sentenced to one year in prison and a ordered to pay a $100,000 fine for "defamation" of Correa's Minister of Public Administration, Vinicio Alvarado. However, after the sentence was imposed by the court at Pichincha penitentiary, Alvarado exercised his prerogative to pardon Chuji—an implicit admission that the move would have broken the remaining ties between Correa and the country's powerful indigenous movement.

On Nov. 22, one man was killed by an arrow shot by an "isolated" or "uncontacted" indigenous band in the rainforest of Peru's Madre de Dios region, according to the regional indigenous alliance FENAMAD. The report said the incident happened some eight kilometers from the native community of Diamante (Harakmbut ethnicity), at an outlying chacra (farm plot). A Diamante family was preparing to harvest banana and yuca on the cleared plot when an arrow was fired from the forest, bringing down one of the harvesters. The land is in the buffer zone of Manu National Park, which FENAMAD has long maintained shelters isolated indigenous bands—despite official denials. FENAMAD president Jaime Corisepa called the incident "lamentable," and said growing attacks by isolated peoples indicates they feel threatened by rapid encroachment. FENAMAD called on Peru's national parks agency SERNANP to work with Diamante and other indigenous communities of the Río Yanayacu sector to establish control points to keep out intruders, and avoid such incidents in future. (FENAMAD, Nov. 25)

A federal court in Brazil ruled Nov. 9 that work on the Belo Monte dam being constructed on the Xingu River in the Amazon rainforest may continue. The Federal Court of the First Region had ordered that dam construction cease until indigenous groups are consulted and given access to environmental impact reports, but the court reversed that decision in a 2-1 vote, upholding the decree issued by Para state authorizing the dam's construction. Maria do Carmo Cardoso, a court judge, held that the indigenous communities are entitled to be consulted, but the law does not say that this must be done before approval of the work. When completed, the $11 billion, 11,000-megawatt dam will be the world's third largest behind China's Three Gorges dam and the Itaipu, which straddles the border of Brazil and Paraguay. The project is expected to employ 20,000 people directly in construction, flood an area of 500 square kilometers (200 square miles) and displace 16,000 persons. Environmentalists and indigenous groups say the dam will devastate wildlife and the livelihoods of as many as 40,000 people who live in the area to be flooded. The government says the dam will provide clean, renewable energy and is essential to fuel Brazil's growing economy. The federal prosecutor's office in Para plans to appeal the ruling to the Supreme Court.

Raquel Yrigoyen Fajardo, fired last week as head of Peru's indigenous affair agency INDEPA, is publicly accusing the government of removing her because she annulled the agency's approval of an environmental impact study for expansion of the Camisea gas-fields in the Amazon rainforest. The proposed expansion of the Pluspetrol-led consortium's exploration in Lot 88 would impact the Kugapakori Nahua Nanti Territorial Reserve, where "uncontacted" indigenous groups are believed to live. Her move to withdraw approval for the expansion came one day before she was suddenly replaced Oct. 19. She charged that the approval, granted under the previous administration before her appointment by newly elected President Ollanta Humala, was illegal. (Survival International, Oct. 27; Servindi, Oct. 25)

The cross-country Eighth Indigenous March arrived in La Paz Oct. 19, to a tumultuous welcome. Cheering supporters lined the city's historic San Francisco plaza, including a large group of uniformed schoolchildren holding hand-made signs in support of the protesters. The marchers later established an encampment at Plaza Murillo, where the presidential palace is located. Two days later, President Evo Morales announced that he would alter plans for the road linking Bolivia with Brazil so that it will not pass through the TIPNIS indigenous reserve. "And so the matter is resolved," Morales told reporters. "For me, this is called governing by obeying the people." (AP, Oct. 21; La Opinión, Cochabamba, Oct. 20)