Wikipedia defines a stowaway as a person who secretly boards a vehicle, such as a ship, an aircraft, a train, a cargo truck or a bus, to travel without paying and without being detected.
According to the convention for Facilitation of International Maritime Traffic, a stowaway on a ship is someone who boards the vessel without the consent of the shipowner, the master or any other responsible person and is found after the ship has left the port of call or during the unloading process at the port of arrival.
Ship captains and crew should be alert when operating in high-risk areas to prevent stowaways from getting access to the ship.
On a vessel, a stowaway might hide in the cargo holds, engine room, containers etc., to prevent others from identifying him. However, if found, the captain must search his belongings for any documents to know his identity and nationality.
Individuals stow away on ships for a variety of reasons, but mainly, they do so for the following reasons:
- To leave a region of conflict (for example, the current exodus from a lot of conflict-ridden countries)
- Social or economic deprivation (leaving a developing country to find more opportunities in a more prosperous country)
- Stability, opportunity, and better quality of life (related to the point above)
It is known that the likelihood of a stowaway managing to get themself onboard is higher in the case of a poor/less developed country than in a developed one. Whatever intention it is done with, it is a problem that has to be dealt with by the shipboard staff very tactfully, considering the illegality of the situation, the legal battles that may ensue and the human rights angle of the stowaway involved.
Stowaways pose a problem for the shipping industry, particularly those trading off the coasts of South Africa, South America, Central America, Venezuela, Colombia and the Dominican Republic. Apart from vessel trade patterns, the global concern over stowaways is connected to the ships and cargo type, security training and awareness among crew members.
Classification of Stowaways
Stowaways can be classified under the following categories:
Refugees
A refugee is a person forced to escape their country of domicile, attempting the escape for reasons of war, civil unrest or religious persecution. The term forced is used because, in this case, they have no choice or a terrible choice for fear of their life or the state of the country. Refugees leave their homeland expecting a better life in the other country. Recently, there has been a mass exodus of people from certain countries who fear persecution and hence try to make their way out of the country any which way and under dire circumstances.
Economic Migrants
This category may consist of people who wish to leave their country of domicile for the sole purpose of leading a life of higher quality in another country. For example, it is seen in many developed countries that a lot of daily workers originally belong to another nation.
Asylum Seekers
This is the case where an individual seeks asylum in a country without the hovering fear of repatriation. The idea is to avoid persecution in their home country, which they may be trying to avoid because of political reasons such as an unwanted uprising against the Government or something along those lines.
Illegal Immigrants
Illegal immigrants want to forcibly make their way into another country without being conspicuous to border control and immigration authorities for reasons that might be undefined per se. It could range from any of the above. The idea here is that the stowaway has chosen to enter the country without adhering to the proper channels of entry into a country, undetected. Stowaways are usually treated as illegal immigrants at the port of disembarkation by the legislation of the countries involved. However, stowaways who request asylum should be treated by the relevant UN Conventions.
Criminals
This is the worst case and the most worrying of all because the person might have chosen to be a stowaway for engaging in unlawful activities. They could be involved with the transportation of drugs or other such illegal activities. These stowaways might be in groups and pose a threat to the ship’s crew, sometimes seeking to make a profit through obscene demands.
P& I Club Cover for Stowaways
P&I Clubs provide insurance cover for ship operators for any loss and liabilities about stowaways. Mostly, costs are covered by the Club (sometimes aside from those involving the divers on expenses; varies in the clauses depending on the Club policies).
There is also a clause stating that the insurance claim may be reduced or nullified if the Club has deemed that adequate steps were not taken to protect the ship against stowaways. As shipowners, as well as other ship staff, will be aware, the costs of disembarkation and repatriation of stowaways onboard their vessels have to be incurred by the shipowner/operator. The costs involved in such a case may be the following:
- Fines relating to stowaways onboard
- Victualling expenses (Cost of food and other stores for the stowaway)
- Costs of guards employed to prevent stowaway from escaping
- Clothing, linen and beddings for the stowaway
- Embassy fees
- Detention expenses
- Flights, accommodation and other repatriation costs for stowaway
- Expenses incurred by agents associated with stowaways
These costs may generally be covered by the Club, or the insurance claim may be reduced or nullified if it has been deemed by the Club that adequate steps were not taken to protect the ship against stowaways. The above points are also known to stowaways; hence, they try to board vessels for apparent reasons of comfort. Even if they don’t make it to the country they are trying to go to. Evidently, they are well taken care of!
Diversion Expenses
The P&I Club covers these costs, and it is known to the ship owner if this shall be entertained and protected by the Club. In any case, if the vessel has to be diverted to land, the appropriate authorities must be contacted beforehand to confirm whether the diversion is reasonable.
The contract of carriage of cargo may face violations due to diversions and various legal complications, necessitating prior consent and permission from the relevant Authorities. Members may need to secure additional Ship owner’s Liability (SOL) insurance coverage to protect themselves in case of a breach of the contract.
Questionnaires regarding stowaways should be available onboard for potential interrogations if a stowaway is discovered. Checklists are provided to guide the Master in taking appropriate actions to prevent stowaways from boarding. These materials, available in multiple languages, are developed with the expertise of ARM International in Durban.
Shipowners and Masters have specific responsibilities outlined in the IMO Guidelines for addressing stowaway cases effectively. These include determining the stowaway’s port of embarkation, identifying their nationality, preparing a detailed statement for the Authorities, and notifying relevant parties about the stowaway’s presence. Additionally, shipowners/operators must inform the appropriate Authorities at the port of call and port of embarkation, as well as the Flag State.
Onboard security measures are crucial in handling stowaways. Crew safety should be prioritized in dealing with any violent behavior from stowaways. Health and welfare considerations should also be taken into account, with regular monitoring of the stowaway’s physical and mental health. Work assignments for stowaways should be avoided to prevent complications and maintain a safe environment onboard.
Stowaway situations must be handled carefully to avoid legal issues and additional expenses. Ships must adhere to protocols for managing stowaways, including providing proper care and maintaining security onboard.
In conclusion, understanding the responsibilities and protocols outlined by the IMO Guidelines is essential for effectively managing stowaway cases and ensuring the safety and security of all individuals onboard. Please provide the content that needs to be rewritten.