Alan Peat DEALING WITH stowaways aboard a ship is a messy and complex issue for both the shipowner and the national authorities in the country in which there is a subsequent port of call, and where the ship’s management might want the stowaway landed. According to the International Maritime Organisation (IMO) guidelines on the subject, the absence of an internationally agreed procedure for dealing with stowaways raises a problem. “Considerable difficulties,” said the IMO, “are being encountered by shipmasters, shipping companies, shipowners and ship operators in disembarking stowaways from ships into the care of the appropriate authorities.” However, it also states that it appreciates member governments’ difficulties in accepting stowaways for examination (all related to that country’s national legislation on the issue), and then allowing the vessel concerned to sail. It all revolves around the actual nationality of the stowaway. If there is documentary evidence, the answer is to repatriate the stowaway to this country of origin (usually at the ship’s expense). If he (or they) are looking for political asylum, this can also be more easily dealt with. “They should,” said the IMO, “be entitled to such relevant procedures as those provided by international instruments and national legislation.” All this, argued the organisation, can best be resolved through close co-operation among all authorities and persons involved. “In normal circumstances, through such co-operation, stowaways should – as soon as practicable – be removed from the ship concerned and returned to the country of nationality/citizenship, to the port of embarkation, or any country that will accept them.” That’s the ideal, but in practicality it all becomes a lot more complicated. “The resolution of stowaway cases is difficult,” said the IMO guidelines, “because of different national legislation in each of the potentially several countries involved - the country of embarkation, the country of disembarkation, the flag state of the vessel, the country apparently claimed or actual nationality/citizenship of the stowaway, and the countries of transit during repatriation.” And if it hits this sticky wicket, and nothing is resolved, there is only one answer – and a nasty one for the shipowner/operator. The stowaway has to be detained on board the ship indefinitely. And that, in some cases, has been years long. Probably the first and best answer is something else highlighted by the IMO in their consideration of the matter. Stop the stowaways before they get aboard the ship. As the guidelines put it: “Shipowners and their representatives on the spot should have security arrangements in place to prevent intended stowaways from getting aboard a ship – or, if this fails, will detect them before a ship arrives in port.” All a complicated issue, and one that has not been solved to any grand degree.
