Stowaways
People stow away on ships for many reasons but usually, they are attempting to leave a region of conflict, instability, or social or economic deprivation for a country where they expect there to be stability, opportunity and a better way of life.
As the number of refugees and migrants increases worldwide, many governments are hardening their attitudes and reducing the number of legal immigrants they accept, forcing migrants to travel illegally, often by ship. Although vessels may be far more vulnerable in hot spots such as some African ports, there is almost no port in the world that can be considered completely safe from stowaways.
The 1965 Convention on Facilitation of International Maritime Traffic (FAL Convention) defines a stowaway as:
“A person who is secreted on a ship, or in cargo which is subsequently loaded on the ship, without the consent of the shipowner or the master or any other responsible person and who is detected on board the ship after it has departed from a port, or in the cargo while unloading it in the port of arrival, and is reported as a stowaway by the master to the appropriate authorities.”
Although there are many reasons for stowing away and indeed many types of stowaway the associated problems faced by the vessel are largely the same, whatever the reason
Economic migrants
Economic migrants may simply be moving in an attempt to obtain a better standard of living and whilst some may attempt to stow away for a free passage, they are not necessarily illegal.
Illegal immigrants
In contrast, most illegal immigrants usually do not intend to make their presence known to the authorities, hoping to enter a country undetected.
Refugees
Refugees will be attempting to escape war, civil unrest, or political or religious persecution. These stowaways tend to be impulsive and often have no papers. Asylum seekers
Asylum seekers are refugees trying to reach a country where asylum may be granted, or economic migrants claiming asylum so as not to be repatriated. They will often try to conceal their true identity or adopt the nationality of an area where there is conflict.
Criminals
Perhaps the most worrying category are the criminals who may be violent and uncooperative and may be involved with drug transportation, human trafficking or other illegal activities.
Stowaways are generally treated as illegal immigrants at the port of disembarkation in accordance with the legislation of the countries concerned. However, stowaways who request asylum should be treated in accordance with the relevant United Nations’ conventions, although unfortunately many countries ignore such requests.
Master’s responsibilities
- Make every effort to determine immediately the port of embarkation of the stowaway.
- Make every effort to establish the identity and nationality of the stowaway.
- Prepare a statement containing all information relevant to the stowaway for the appropriate authorities.
- Notify the existence of a stowaway and any relevant details to the shipowner, and appropriate authorities at the port of embarkation, the next port of call and the flag State.
- Do not depart from the planned voyage to seek disembarkation of a stowaway to any country unless repatriation has been arranged and permission given for disembarkation, unless there is extenuating security or compassionate reasons, such as injury or illness.
- Ensure that the stowaway is presented to the appropriate authorities at the next port of call.
- Take appropriate measures to ensure the security, general health, welfare and safety of the stowaway until disembarkation.