Stowaways

Stowaways on Ships: Prevention and Response Measures

A stowaway is a person who secretes himself in a ship without the consent of the shipowner or the person in charge, and who is on board once the ship has left port.  Stowaways have existed ever since international shipping began, but they have become a growing problem. In recent years, more and more people are leaving their home countries in pursuit of a better life with greater economic chances, or to flee war, discrimination or other conflict. In desperation, and lacking funds to travel, an increasing number have resorted to stowing aboard ship, often in the poorer countries of Africa and Asia, to seek a better life abroad.

Why are stowaways a problem?

Stowaways on board cause legal problems for authorities in ports of call, financial problems for shipowners and states, and human problems for crews who have stowaways on board. In the worst cases, stowaways have outnumbered crews or been refused permission to be landed in ports.

Stowaways pose specific challenges and problems when they are found aboard vessels:

Security and Safety: Stowaways can compromise the security and safety of the vessel. Their presence in unauthorized areas can lead to accidents, injuries, or even fatalities. They might get injured while hiding in hazardous spaces, and crew members may be unaware of their presence, leading to dangerous situations.

Resource Allocation: Detecting and managing stowaways requires the allocation of resources, including crew time and efforts, to locate and deal with them. This diverts attention from the regular operations and tasks of the crew.

Operational Disruption: Dealing with stowaways can disrupt the vessel's operations and schedules. The crew may need to spend time conducting searches, providing medical care, and coordinating with authorities, resulting in delays and potential financial losses for the vessel operator.

Legal and Regulatory Issues: When stowaways are discovered on a vessel, it can lead to legal and regulatory complications. Depending on international and national laws, the vessel's operator might be held responsible for the stowaways' wellbeing and may be required to repatriate them or provide assistance.

International Relations: Discovering stowaways can lead to diplomatic tensions, especially if the vessel is in the territorial waters of another country. The handling of stowaways requires coordination between the vessel's flag state, the coastal state, and potentially other involved countries.

Reputation and Image: Instances of stowaways being found on vessels can harm the reputation of the vessel's operator. It may suggest inadequate security measures, impact customer trust, and potentially deter business partners.

Complexity of Treatment: Addressing the needs of stowaways, particularly those who may have legitimate asylum claims or are in vulnerable situations, presents a complex ethical and humanitarian challenge. Ensuring their rights and well-being while complying with legal obligations can be intricate.

To address these problems, vessel operators implement security measures such as enhanced monitoring, access controls, cargo checks, and crew training to prevent stowaway incidents.

The ITF believes governments must establish proper processes for dealing with stowaways, which do not pass responsibility or blame onto shipping companies or seafarers.

International agreements and maritime conventions outline procedures for dealing with stowaways in a manner that considers their rights and legal obligations.

What rights do stowaways have?

An international convention relating to stowaways dates back 50 years, but has not come into force because not enough states have ratified it. This convention covers such issues as the responsibility of the ship's master and relevant authorities when a stowaway is detected, and regulations for their return, including the costs.

Although this convention has not been ratified, the position of stowaways is protected by the United Nations Declaration on Human Rights and the European Convention on Human Rights. These cover the right to life, and freedom from torture, degrading treatment, slavery, discrimination, and other basic human rights.

If you find a stowaway, you should:

- Check their state of health

- Find out their identity and the reasons they are on board

 - Arrange food and lodging

- Explain emergency procedures and issue them with a lifejacket and lifeboat place

- Inform the ship's owner or agent

- Expect the master to prepare a signed statement containing all information relating to the stowaway, to be given to the authority where the stowaway is delivered.

A stowaway should not be arrested or detained (although the master has the right to maintain discipline on board), and should not be forced to work. Remember that handling stowaways is a complex process that involves legal, humanitarian, and security considerations. Cooperation with relevant authorities and compliance with international and national laws is crucial to ensure a proper and ethical resolution of the situation.