A/HRC/40/CRP.1 system,869 what that actually means to them remains unclear. What does seem clear is that the question of both the number and demarcation of states and the relationship of the central and state governments are deeply political and contentious issues, the resolution of which superficial solutions will not suffice. Transparent engagement with and between the citizens and communities of South Sudan is essential if common understandings of the principles and issues are to be reached, and consensus on viable solutions to these complex issues is to be achieved. 3. Creation of the Twenty-eight and Thirty-two States The ARCSS maintained the 10 state structure provided for in the Transitional Constitution (2011)870 and provided for power-sharing between parties to the conflict not just at the national level but also at the state level, with the governors of Unity and Upper Nile to be nominated by the SPLA-IO, and the opposition gaining a share of political positions in all the states.871 It further asserted that the permanent constitution-making process would be based on the principle of federalism.872 However, on 2 October 2015, less than two months after the ARCSS had been agreed on the basis of a 10 state system, President Kiir issued Establishment Order 36/2015 increasing the number of states to 28. While the President initially issued the Establishment Order unilaterally, he subsequently submitted a proposal for parliamentary approval to amend the Transitional Constitution.873 The bill failed to secure the required two-thirds majority in both houses of Parliament which is required for a Constitutional amendment. However, the 189 lower house votes were combined with the 39 upper house votes to make a claim that the bill had passed.874 At the end of December 2015, President Kiir controversially appointed governors to these news states including to states that according to the ARCSS were for the opposition to appoint.875 On 31 January 2016, IGAD issued a communiqué declaring the formation of the 28 states to be inconsistent with the terms of the ARCSS and calling for its suspension until an inclusive National Boundary Commission could be formed to review the proposal. In the absence of agreement on the matter, it indicated that the provisions of the ARCSS should be reverted to.876 However, IGAD’s communiqué was never enforced and the Government proceeded with the implementation of the decree. The failure to abide by IGAD’s communiqué highlights that the resolution of this issue is unlikely to be provided by external actors but will require efforts directed at identifying and supporting processes that yield workable outcomes in which South Sudanese are invested. Indeed, despite IGAD’s communiqué and the public outcry over the 28 states, on 14 January 2017, the President further expanded the number of states from 28 to 32 by Republican Order, creating additional states in what had been Western Equatoria, Jonglei and Upper Nile States.877 South Sudan Civil Society Forum, “Revitalizing Peace in South Sudan: Citizen Perceptions of the Peace Process”, November 2018. 870 The ARCSS did not explicitly address the number of states, but allocated power sharing on the basis of 10 states. See e.g., ARCSS, Articles 1.6, 15.2, 15.3. 871 ARCSS, Articles 15.1-15.3. 872 ARCSS, Article 1.2. 873 Radio Tamazuj, “Kiir Pressured into Taking Decree to Parliament for Approval”, 14 October 2015; Stimson Center, “Briefing Note: The 28 States System in South Sudan”, 9 August 2016. 874 Radio Tamazuj, “Less than Two-Thirds of S. Sudan Parliament Members Vote to Approve 28 States Proposal”, 19 November 2015; Stimson Center, “Briefing Note: The 28 States System in South Sudan”, 9 August 2016. 875 Eye Radio, “Kiir names 28 state governors”, 25 December 2015. ARCSS, Article 15.1 provided for the Governors of Upper Nile and Unity states to be appointed by the SPLM/A-IO. 876 IGAD, Communiqué of the 55th Extra-Ordinary Session of the IGAD Council of Ministers, Addis Ababa, Ethiopia, 30-31 January 2016, paras. 7, 12, 13. 877 Republican Order No. 02/2017. Under the 28 states decree, Western Equatoria had been divided into three states: Gbudwe, Maridi and Amadi. Now Gbudwe was divided in two: Tombura and Gbudue states. Jonglei state had been divided into four states under the 28 states decree: Western Bieh, Eastern Bieh, Jonglei, and Boma states. Eastern Bieh was again subdivided in the 32 states decree into Bieh and Akobo states. Upper Nile State was divided into three states under the 28 states decree: Latjoor, Western 869 115