‘Provisional’ Deal on Ayungin Does Not Concede Philippine Sovereignty, Rights

Manila: The Department of Foreign Affairs (DFA) announced that its 'provisional understanding' with China regarding the Ayungin Shoal does not compromise the Philippines' sovereignty and rights over the West Philippine Sea. The department clarified that this understanding is a 'set of principles and approaches' aimed at preventing misunderstandings and miscalculations during resupply missions to the BRP Sierra Madre.

According to Philippines News Agency, the DFA emphasized that the agreement is neither a grant nor a request for permission from any foreign government. It does not acknowledge any foreign jurisdiction over Philippine waters and was established with the clear understanding that it does not affect national positions. The department further noted that the understanding does not obligate the Philippines to seek any authorization for resupply missions to Ayungin Shoal.

The principles outlined in the understanding do not permit boarding or inspection of Philippine vessels. The DFA reiterated that the Philippines' legal stance, based on the United Nations Convention on the Law of the Sea (UNCLOS) and supported by the Arbitral Tribunal, remains unchanged and non-negotiable. The country continues to carry out rotation and resupply missions, along with regular shipboard activities at BRP Sierra Madre, as part of its routine governmental functions within its jurisdiction and in exercising its sovereign rights under international law, especially UNCLOS and the 2016 Arbitral Award. These activities will persist as long as necessary in line with national interests.

The DFA reaffirmed that Ayungin Shoal is part of the exclusive economic zone (EEZ) and continental shelf of the Philippines, as stipulated by UNCLOS and resolved by the 2016 Arbitral Award. As a low-tide elevation, Ayungin Shoal generates no maritime entitlement of its own and cannot be claimed by any other state. The Philippines holds the exclusive sovereign right to authorize any structures there, and its vessels do not require permission to navigate to Ayungin.