A/HRC/41/43/Add.2 Land Commission to provide support and guidance concerning negotiations on land acquisition between communities and companies. Community members may sometimes suffer power asymmetry when negotiating, given the lack of education, information and legal assistance. Consequently, the free and prior consultation process cannot be fulfilled if pertinent information is not shared. Kibera 28. The recent mass eviction from the Kibera informal settlements in south-west Nairobi left approximately 30,000 people homeless and 2,000 children without access to education. The evictions, which started in July 2018 to allow for the construction of a public road, were conducted without adequate notice and with no arrangements for resettlement and compensation. Evictions were carried out in disregard of an earlier agreement between the Kenya Urban Roads Authority, the National Land Commission and the Kenya National Commission on Human Rights, and in breach of a High Court order that prohibited the Government from evicting the residents until an agreed resettlement plan had been put in place.30 The Working Group learned that a measure taken by the Government to mitigate the situation was to reallocate children to schools. Nevertheless, this situation illustrates the need for a stronger legal framework providing for resettlement and compensation and requiring a human rights-based approach in any situation involving eviction. B. Environmental impact assessment 29. The Working Group welcomed the enshrinement of the right to a clean and heathy environment in articles 42, 60, 69 and 70 of the Constitution. Environmental rights are justiciable under the Environmental and Land Court. 31 The Environmental Management and Coordination Act (No. 8 of 1999) establishes the National Environment Management Authority, which has the authority to develop regulations and prescribe measures under its environmental protection mandate. 30. Under the Environmental Management and Coordination Act, business enterprises are required to conduct an environmental impact assessment before commencing any operations. Oversight of the assessments, which are conducted by external consultancies, rests with the National Environment Management Authority. Cases reported to the Working Group stressed that the current system of assessments had not effectively prevented adverse business-related human rights impact. The Authority is perceived as lacking resources and independence, since it is part of the Government, which often has a vested interest in the projects being promoted. The assessment process does not allow for meaningful participation, owing, inter alia, to difficulty of access to the assessment documents. The assessment procedures should incorporate a stronger focus on human rights. The Working Group also recommends that the Government set up an independent oversight body, with the participation of businesses and civil society organizations, which could serve as a watchdog and complaints mechanism. 32 31. Another concern brought to the attention of the Working Group during its visit was the lack of meaningful participation of all stakeholders who may be affected by a project. The Working Group recognized that local multi-stakeholder institutions called county environment committees enabled greater direct participation of stakeholders to monitor compliance with environmental impact assessments and incorporate community concerns. 33 However, among the committees already created, there is no representation of civil society, despite being required by law. 30 31 32 33 8 Environment and Land Court, Petition No. 974 of 2016, Ruling, 28 April 2017. Constitution, art. 162; and Environmental and Land Court Act, No. 19 of 2011. See UNDP and Kenya, Ministry of Mining, “Report on the Kenya Country Mining Vision (KCMV) Retreat”, June 2017. According to Section 29 of the Environmental Management and Coordination Act, county environmental committees are composed of representatives of the county authorities, farmers, women, youth, pastoralists, the business community, non-governmental organizations and the community.