MANILA, Philippines — The Department of Foreign Affairs (DFA) on Thursday said the Philippines alone "holds the sovereign right" to authorize any structure in Ayungin (Second Thomas) Shoal, and Philippine vessels do not require permission to sail there.
The DFA reaffirmed that Ayungin Shoal forms part of the exclusive economic zone (EEZ) and continental shelf of the Philippines, as provided for by the United Nations Convention on the Law of the Sea (UNCLOS) and settled by the 2016 Arbitral Award.
The DFA issued the statement after a China Coast Guard (CCG) crew member on Monday hurt a Philippine Navy personnel when the CCG tried to go near BRP Sierra Madre, which was deliberately grounded in Ayungin in 1999 to establish a temporary base for the Philippine military.
Chinese Embassy Deputy Spokesman Guo Wei said it was the "Philippine government's vessels that illegally intruded into the waters off China's Huangyan Dao in the first place."
"China firmly opposes any actions by the Philippine side that infringe upon China's territorial integrity and maritime rights and interests in the South China Sea," Guo added.
"As a low-tide elevation, Ayungin generates no maritime entitlement of its own and cannot be claimed by any other state," the Foreign Affairs department said in a statement.
The DFA noted that it has addressed on many occasions "attempts to mischaracterize" the nature of Ayungin Shoal and the provisional understanding (PU) with China on the rotation and resupply mission to the BRP Sierra Madre.
The PU is a set of principles and approaches observed by both sides in order to avoid misunderstanding and miscalculation in the conduct of the missions to deliver necessities to the BRP Sierra Madre.
"It is not a grant of or a request for permission to any foreign government, it does not recognize any foreign jurisdiction over Philippine waters, and was agreed on the express understanding that it does not prejudice national positions," the DFA stressed.
The arrangement "does not require the Philippines to seek permission to undertake RORE missions, nor does it allow boarding and inspection of Philippine vessels, and, above all, it does not concede the Philippines’ sovereignty, sovereign rights and jurisdiction," it added.
"The Philippines’ legal position, grounded in UNCLOS and vindicated by the Arbitral Tribunal, remains unchanged and non-negotiable," the DFA said.
The DFA said the Philippines continues to conduct RORE missions, including normal shipboard activities in BRP Sierra Madre, "as a matter of routine government function within Philippine jurisdiction and in the exercise of its sovereign rights under international law particularly UNCLOS and the 2016 Arbitral Award, and will continue to do so for as long as necessary in line with the national interest."
