A/HRC/40/CRP.1
Furthermore, with the increase in the number of states came an increase in the number
of counties and payams which not only has the effect of creating additional public
expenditure where resources are already scarce, but also of creating new opportunities for
conflict as local rivals compete to secure positions. In this respect, at independence, there
were 86 counties.878 Following the creation of the 28 states, in April 2016, the President
announced the creation of new counties within the 28 states more than doubling the number
to 217.879
Some commentators and South Sudanese consider the creation of the new states as a
major violation of the 2015 ARCSS and a destabilizing factor, whose provisions, particularly
power-sharing agreements, were premised on the existence of 10 states. 880 Many perceive it
as having resulted from the influence of the Jieng Council of Elders who had proposed a
23 states model not long before the new states were created. However, it is also significant
that former First Vice President Riek Machar had himself proposed a 21 state federal system
in December 2014 on the basis of the former colonial districts.881 While former First Vice
President Riek Machar explained the proposal as effectuating a devolution of powers, 882
critics argued that it was a strategic move to try to win more supporters for the SPLM/A-IO,
particularly Equatorians.883 The SPLM/A-IO, advocated for the 21 states throughout the
peace talks preceding the 2015 ARCSS; however, at the time, the Government argued for
keeping the 10 states on the basis that additional states would be inefficient and costly. 884
There are also indications that some communities have lobbied for their own areas to be
recognized as states, as for example, the Padang Dinka did during the negotiation of the 2015
ARCSS, as described below.
It has been argued that the proposals on 21, 23, 28 and 32 states are all gerrymandered
state divisions to benefit and secure the economic and political interests of particular ethnic
groups, to secure control over oil resources and increase some communities’ political
representation while diluting that of others.885 With respect to the control of oil resources,
under the 10 state system, the majority of the oil fields were in Unity State (10) and in Upper
Nile State (2). However, in terms of production for most of the period from 2013 to 2018,
only Upper Nile State oil fields were in operation (see Political Economy section below).
Unity State had a majority Nuer population, and Upper Nile State had mixed Shilluk, Dinka,
Burun and Nuer populations. The 28 states model resulted in all but the Thar Jath oil field (in
Block 5A) falling within states which are majority Dinka populated, while the 21 states model
would have maintained the boundaries of Unity State, which encompasses the Thar Jath and
Unity oil fields and is a majority Nuer state.
In relation to manipulating political influence, a map analysis carried out by Radio
Tamazuj of the ethnic balances under 10, 21 and 28 states models found that under the
21 states model,886 areas control by the Nuer would have increased slightly compared to under
and Eastern Nile. Under the 32 states decree Latjoor was divided in two creating Lajor and Maiwut states; and Western and
Eastern Nile were reconfigured into three states: Central Upper Nile, Northern Upper Nile and Fashoda states.
878 Peter Hakim Justin and Lotje De Vries, “Governing Unclear Lines: Local Boundaries as a (Re)source of Conflict in South Sudan”,
Journal of Borderlands Studies, March 2017.
879 Republican Order No.13/2106, 17 April 2016.
880 Malish John Peter, “A Second Chance to Deliver Peace Through Power Sharing: A Comparative Analysis of South Sudan Peace
Agreements”, Institute of Social and Policy Research, 15 October 2018.
881 SPLM/A-IO, Dissolution of the 10 States of South Sudan, Ref OCC/FSG/PK/01/001, 21 December 2014; Riek Machar speech at
SPLM/A-IO Party Conference, Pagak, Upper Nile, 10 December 2014, accessed at:
https://radiotamazuj.org/uploads/media/58efac5a2bae8.pdf or
http://www.gurtong.net/ECM/Editorial/tabid/124/ctl/ArticleView/mid/519/articleId/15918/categoryId/121/Machars-ReportedSpeech-In-Pangak.aspx. In fact, former First Vice President Riek Machar initially proposed the 21 states model in mid-July 2014;
but more formally pursued it in December 2014. Confidential Meeting, Addis Ababa, 14 December 2018; Radio Tamazuj,
“SPLM-IO proposes breaking apart existing South Sudan states”, 17 July 2014.
882 Riek Machar speech at SPLM/A-IO Party Conference, Pagak, Upper Nile, 10 December 2014.
883 PaanLuel Wël, “Making Sense of Riek Machar’s Proposed 21 States for a Federal South Sudan”, 19 July 2014.
884 Johnson, Douglas et al., “After the Khartoum Agreement: Boundary Making and the 32 States”, Rift Valley Institute, October
2018.
885 See e.g. Roque, Paula Cristina and Remember Miamingi, “Beyond ARCISS: New Fault Lines in South Sudan”, Institute for
Security Studies, East Africa Report, Issue 9, January 2017; Golla, Rajiv, “Reassessing Ethno-Political Calculus in South
Sudan’s War”, December 2017.
886 Radio Tamazuj, “Map analysis: Ethnic balance to change if 28 states approved”, 22 November 2015.
116
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