DFA rebuts ‘flawed’ criticisms of Ayungin arrangement

The Department of Foreign Affairs (DFA) on Wednesday defended a provisional deal it reached with China in 2024, saying it has allowed food, medicine, fuel, and other supplies to reach Filipino troops at Second Thomas Shoal without clashes with Chinese coast guard and naval vessels nearby.

DFA spokesperson for maritime affairs Rogelio Villanueva Jr. said the deal was “carefully crafted” by Foreign Secretary Theresa Lazaro and her team, and such arrangement was approved “by the highest officials of the Philippine government,” including National Security Adviser Eduardo Año.

Villanueva said efforts are underway to undermine the arrangement despite what he described as its success in ensuring the safe rotation and resupply of personnel aboard the BRP Sierra Madre, which serves as the country’s military outpost at the atoll known locally as Ayungin Shoal.

Villanueva also pushed back against attempts to equate the provisional understanding with “provisional arrangements” under the UNCLOS.

“To be clear, the provisional understanding is not, nor has it ever been, a Provisional Arrangement under Articles 74(3) and 83(3) of UNCLOS (United Nations Convention on the Law of the Sea),” he said during an online media briefing.

“Rather, it is an understanding between the Philippines and China aimed at conflict prevention and avoidance, which is well contemplated in international law and not just in UNCLOS,” he added.

He criticized what he called “uninformed criticism, flawed analysis, and a narrow understanding of both international law and national objectives.”

“To portray the provisional understanding as a singular application of UNCLOS provisions demonstrates either a fundamentally unfounded interpretation of international law or a malicious attempt to deliberately misconstrue the Philippine position and government efforts,” he said.

Manned by a small Philippine Navy contingent, the Sierra Madre serves as both a military outpost and a symbol of Philippine sovereignty at Ayungin Shoal, which China also claims.

Manila negotiated the arrangement with Beijing in 2024 to prevent escalating confrontations during resupply missions. Since July that year, the agreement has enabled 13 incident-free rotation and reprovisioning missions, according to the DFA.

On calls to disclose the contents of the deal, Villanueva said that, as a basic principle of governance and international relations, “states have the prerogative to ensure the confidentiality of documents involving matters of great importance, particularly national security and international relations.”

He also rejected claims that the DFA jeopardized the Philippines’ national interests and maritime claims by entering into the arrangement.

The provisional understanding, he said, was drafted specifically to be “without prejudice to the Philippines’ national position.”

It does not require the Philippines to seek permission for rotational and resupply (RORE) missions, allow boarding or inspection of Philippine vessels, or concede Philippine sovereignty, sovereign rights, or jurisdiction, Villanueva added.

“There is an inherent inconsistency and dullness of reasoning when critics criticize a document they have not even seen,” he said.

“The Philippines will continue to implement the provisional understanding as agreed. We expect China to do the same,” Villanueva added.

Villanueva stressed that in safeguarding the welfare of Philippine personnel, the government — with the active participation of national security agencies — “must exercise maximum discipline and focus, with minimum diversion and interference.”

He said the DFA will continue to uphold the country’s national interest and remain vigilant in protecting Philippine sovereignty, sovereign rights, and jurisdiction.

Tensions between the Philippines and China in the resource-rich South China Sea have flared in recent years. The long-running disputes also involve Vietnam, Malaysia, Brunei, and Taiwan.

Manila refers to portions of the South China Sea within its exclusive economic zone as the West Philippine Sea.

In 2016, the Philippines won a landmark arbitration case against China before a tribunal in The Hague, Netherlands, invalidating Beijing’s sweeping maritime claims. China has refused to recognize the ruling.

Villanueva reiterated that the Philippines’ position remains consistent.

“The ruling definitively settled that UNCLOS already defined the scope of maritime entitlements of the Philippines and China in the South China Sea, and that these entitlements may not extend beyond the limits imposed therein,” he said.

“There are no valid overlapping maritime claims between the Philippines and China in the West Philippine Sea, and the so-called ‘nine-dash line’ has no legal effect.”

Villanueva said the DFA will continue pursuing “effective diplomacy” to peacefully manage the situation at sea while safeguarding the welfare of Filipino naval personnel and fishermen.

Keeping bilateral and regional channels open, he added, will help avoid “misunderstanding and miscalculation” in the conduct of routine maritime operations in Philippine waters, including in the West Philippine Sea.—MCG, GMA Integrated News