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3. Professionals and experts shall refrain from:
(a) giving advice on the basis of inadequate information or expertise;
(b) obstructing the efforts of workers and communities to seek information, conduct research or gather data through lay epidemiology or other means;
(c) acting in concert against the interests of workers and communities.
4. All professionals having control of any information concerning the health of any injured or hazard affected person shall have a primary duty of care towards the well being of that person. This duty shall at all times take precedence over any allegiance to any third party, including any government, professional organisation or commercial enterprise.
Article 28: Right to legal representation
1. All persons adversely affected by hazardous activities shall have the right to employ independent legal counsel.
2. All states shall provide free legal representation and legal assistance by an independent legal expert, in any case where the interests of justice so require.
3. In the determination of any suit, the persons affected shall be entitled to consolidate the claims under:
(a) the auspices of a workers' or community organisation; or
(b) class action laws in which the rights of any persons affected are determined in one action.
4. All persons bringing or attempting to bring legal action have the right to inspect any relevant legal files held by their legal representative.
Article 29: Right to choice of forum
1. All persons adversely affected by hazardous activities have the right to bring law suit in the form of their choice against alleged wrong doers, including individuals, governments, corporations or other organisations. No state shall discriminate against such persons on the basis of nationality or domicile.
2. All states shall ensure that in the specific case of any legal claims arising from the effects of hazardous activities, any legal rule otherwise impeding the pursuit of such claims, including legislative measures and judicial doctrines, shall not prevent affected persons from bringing suit for full and effective remedies. In particular, states shall review and remove where necessary, legal restrictions relating to inconvenient forum, statutory limitations, limited liability or parent corporations, enforcement of foreign money judgements and excessive fees for civil suits.
Article 30: Right to pre-trial documentation
All persons adversely affected by a hazardous activity and their representatives, have the right to seek and receive relevant documents, records or other information for submission in court or other independent tribunal or forum, for establishing individual, corporate, organisational or governmental liability during litigation.
Article 31: Right to fair procedure
All persons adversely affected by hazardous activities shall have the right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Included in this right is the right to the due process of law, including:
(a) the right to opt out of class actions;
(b) the right to a reasonable notice and communication before an out-of-court settlement in a civil suit is reached;
(c) the right to bring lawsuit notwithstanding the period of limitation set by administrative, legislative or judicial or any other means.
Article 32: Right to freedom from fraud and delay
All persons adversely affected by hazardous activities shall have the right be protected against fraud by corporations, government or other organisations. Also prohibited is intentional delay or obstruction of the legal process including:
(a) declaration of bankruptcy;
(b) abuse of the legal process to prolong adjudication;
(c) fabrication of evidence.
Article 33: Right to enforcement of judgements or settlements
All persons adversely affected by hazardous activities and their representatives, shall have the right to enforce any judgement or settlement against the assets of the liable or selling party in any other countries and it shall be the duty of each state to provide under domestic law such comprehensive instruments as assist any of its citizens so affected.
Article 34: Right to shift the burden of proof
1. Where there is a prima facie evidence that death or injury was caused by an industrial hazard, the hazardous economic enterprise has the burden of proving that it was not negligent.
2. No person adversely affected by hazardous activity shall be subjected to excessive documentation requirements or strict standards of proof in establishing that the hazardous activity caused their illness or symptoms. The link between hazards and illness shall be presumed if the affected persons establish:
(a) they suffer from symptoms commonly associaled with any harmful substance, or any component thereof, which contaminated the environment; and
(b) either
(I) they were present within the geographical area of contamination during the period of contamination; or
(II) they belong to a group of persons commonly identified as secondary victims, including the siblings, partners, children or close associates of the original victims of the hazzard.
Article 35: Right to orporate or state criminal accountability
1. All persons who have suffered injury or death from industrial hazards, have the right to a full criminal investigation into the conduct of the economic enterprise, any concerned government officials and any other concerned individual or organisation. The investigation shall be both immediate and rigorous and shall include an assessment of whether potential criminal offences, including homicide or manslaughter, have been committed. Where sufficient evidence exists prosecution shall be pursued promptly and vigorously.
2. Where criminal liability of a company and or individual is proved, such fines and or prison sentencing are to be imposed as to have a punitive, exemplary and deterrent effect.
Article 36: Right to secure extradition
Where a person accused of criminal offence in connection with hazardous activities resides or located in a state other than that in which the trial is being or will be conducted, the right to demand and secure the extradition of the accused to the trial state is hereby affirmed.
Article 37: Corresponding duties
All persons, individually and in association with others, have a duty to protect the rights set out in this Charter. Employers and government officers are under a strict duty of care in vigilant application of the rights. Special responsibility for the realization of the provisions of this Charter lie with trade unions, community groups and non-governmental organisations.
Article 38: State responsibilities
All states shall respect and protect the rights of workers and communities to live free from industrial hazards. Accordingly, they shall adopt legislative, administrative and other measures necessary to implement the rights contained in this Charter.
Article 39: Non-state action
The absence of state action to protect and enforce the rights set out in this Charter does not extinguish the duties of employers, trade unions, non-governmental organisations and individuals to protect and assert these rights.
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