A/HRC/40/CRP.1 account. The above examples illustrate that following their independence, South Sudanese continue collectively to face the challenge of concurrently managing and celebrating their rich ethnic diversity, while also striving to build a viable and stable nation after years of damaging conflict. The different communities must necessarily coexist and cooperate with each other, and to that end, it will be necessary to identify and nurture formal and informal arrangements that contribute to cohesion and stability. 5. Revitalized Peace Agreement The number of states and form of government proved to be one of the most controversial issues in the R-ARCSS. When the SPLA-IO and the SSOA declined to initial the revitalised agreement as planned on 28 August 2018, one of the four reasons given for the refusal related to ensuring the agreed process for determining the number of states was properly incorporated into the agreement.916 When the SPLA-IO and SSOA relented two days later, they deemed it necessary to make a declaration regarding the process for determination of the number of states and the importance of the mediation proposal being specifically incorporated into the final agreement.917 To determine the issue of the number and boundaries of states and the consequent restructuring of the Council of States, the R-ARCSS provided for the creation of an Independent Boundary Commission (IBC) as well as a Technical Boundary Committee (TBC). The IBC consists of 15 members, five from the Government, five from opposition groups and five international members. 918 An indication of the delicate nature of the IBC’s mandate is that the chair IBC is to be a non-South Sudanese. The TBC is to be composed of a “suitable” number of experts from IGAD and Troika countries. 919 In an indication of the enduring importance South Sudanese attach to community identity and lands, the role of the TBC is to define and demarcate the tribal boundaries as they stood on 1 January 1956 and the tribal areas that are currently in dispute as a result of the introduction of the 32 states.920 On the basis of the TBC’s report as well as considerations such as population size and social cohesion, geographic size, and economic viability, the IBC is then to study viable options and determine the number and boundaries of the states South Sudan should have.921 The IBC is to adopt a final report by consensus or if not by at least seven of its 15 members within 90 days of the signing of the R-ARCSS.922 The parties to the agreement agree to abide by the recommendations of the IBC and to implement them at the beginning of the Transitional Period.923 If the IBC fails to issue a final report within 90 days, the issue of the number and boundaries of the states will automatically move to a referendum to be held before the end of the Pre-Transitional Period.924 In the referendum, South Sudanese will be asked to choose one of the following options: a) the IBC proposal for rectifying the boundaries of the 32 states; b) 32 states; c) 21 states; d) 10 states; or e) any other number of states agreed by the IBC to be offered as an alternative. 925 With respect to other alternatives which might be considered by the IBC, is the National Dialogue’s proposal to revert to the colonial three provinces of Bahr el Ghazal, Equatoria and Upper Nile, each with an elected Governor and subdivided into seven or eight districts (for a total of 22 districts). 926 916 Joint Press Statement by the SPLM/SPLA-IO and SSOA, 28 August 2018, ERN D114040-D114041. Joint Press Statement by the SPLM/SPLA-IO and SSOA, 30 August 2018, ERN D114039-D114039. 918 R-ARCSS, Article 1.15.3. 919 R-ARCSS, Article 1.15.18. 920 R-ARCSS, Article 1.15.18.1; Annex E, para. 1. 921 R-ARCSS, Annex E, para. 3. 922 R-ARCSS, Article 1.15. 923 R-ARCSS, Article 1.15.11. 924 R-ARCSS, Articles 1.15.14-1.15.16. While Article 1.15.12 does not clarify when the 90 days within which the IBC must complete its work starts, the Implementation Matrix at Annex D of the R-ARCSS clearly states that it is 90 days from the signing of the agreement. However, the Commission was informed that it is being interpreted to start running from the date of the establishment of the IBC. Meeting with IGAD, Addis Ababa, 13 December 2018. 925 R-ARCSS, Annex E, Article 1.15.17. 926 Republic of South Sudan National Dialogue Steering Committee, “Proposal on the Reorganization of the South Sudanese State”, October 2018. 917 121