Discovery of stowaways onboard ship -Emergency procedures, confinement, arrangement for disembarkation & deportation

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Discovery of stowaways onboard ship -Emergency procedures, confinement, arrangement for disembarkation & deportation

It might be difficult or inconvenient to maintain tight security to prevent stowaways from getting on board in the first place and conduct thorough searches before sailing. It is infinitely less of a problem than dealing with the problem of allowing stowaways to sail with the vessel. Despite taking the best precautions, unfortunately, stowaways still being discovered onboard ships. It is particularly true in some African ports due to local political unrest, war, and other socio-economic turmoil. While migrant seekers desperate to leave their country, they target merchant ships, notably those, are Europe or America bound.

The carriage of stowaways on board is consequential for a ship owner's business; the ship could be delayed in port; the repatriation of stowaways might be very complex, which would involve shipmasters, shipowners, port authorities, agents, and a P & I, representative. Furthermore, the life of stowaways could be endangered as they may spend several days hidden, with the risk of suffocation and without any water/provisions. Therefore, it is for the best interest of all best management practices to be implemented to deter stowaways from boarding a vessel.

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procedure-for-stowaways

Image credit: West of England P& I Club

Some stowaways will try and make use of the ship's rudder trunking as a hiding place. Stowaways will enter the rudder trunk when it is close to the water line and easily accessible by small craft. The stowaways will then ride in the rudder trunk until their chosen destination. A thorough search of this area before every ship sails should prevent the likelihood of this happening, as shown in the picture. Consideration should also be given to placing a metal grid above the opening to the rudder compartment, making it impossible for stowaways to enter the space.

After sailing out from a port, if stowaway found on board ships, the crew should treat them properly with due respect for human rights. We have summarized below some key guidelines for emergency dealing and safe repatriation.

Return to port of departure

If a stowaway is discovered just after departure from a port, the Master shall take the following measures:
1. Consider returning to the port of departure to land the stowaway and contact the Company to decide further handling; The Company should contact the vessels P & I club;
2. If there is no time to consult with the Company, the Master should consider returning to port keeping in mind the following matters :
  - The Time required to return to the port of departure;
  - The Schedule of the vessel;
  - The Nationality of the Stowaway and related Political circumstances;
  - Whether the stowaway has an identification card or not.
  (If not, his delivery at a port other than the port of departure is complicated in most cases).

Search upon discovery of stowaway

Upon discovery of a stowaway, a search should be done for
1. Other stowaways especially in the vicinity of the area where the stowaway was found
2. Identity documents, drugs, and personal belongings in the vicinity of the area where the stowaway was found
3. Identity documents on the person of the stowaway
4. Knives or other objects that could be used as a weapon and drugs on the person of the stowaway If anything found, take photographs and the identification card shall be safely kept until just before the Time of his disembarkation unless required otherwise by authorities(keep a copy onboard)
Note: If the stowaway holds onto the identification, there is a fear that he will dispose of or damage it to avoid repatriation. With no ID, the delivery of a stowaway is challenging. Therefore, it should be kept by the Master in the safe. Furthermore, Cash, knives, and other possible weapons, narcotics and stimulant drugs, etc. should be confiscated and retained safely by the Master. Other personal effects of the stowaway should be listed and put in a vinyl bag and kept on board until the delivery of stowaway.

Interview of stowaways

The Master should interview the stowaway to try to ascertain the following information:
1. Name;
2. Date of birth;
3. Nationality;
4. Address;
5. Family;
6. How he got onboard the vessel;
7. Purpose of the unauthorized passage;
During the conversations with the stowaway, the following matters should be given attention:
1. The stowaway should be handled politely to create an atmosphere encouraging cooperation. A chat after a formal hearing may sometime yield extra information;
2. Do NOT ask questions about the stowaway's political belief;
3. In case of more stowaways, a hearing shall be made with each person separately;
4. During the hearing, photographs of the stowaway shall be taken (Front and Profile);

Confinement

The Master should confine the stowaway in a lockable room to prevent escape. The place for confinement should be decided taking the following matters into consideration:
1. The stowaway should not be confined in a hospital or dispensary;
2. The room for confinement shall be locked, and additional possible measures against escape through windows shall be considered, like by welding bars.
3. Stowaways shall be confined separately if possible;
4. The Master shall provide meals and allow visits to bathroom and shower;
  
  The Master shall organize a 24-hour periodic watch system to prevent escape;
5. When taken outside the confinement area for exercise or otherwise, stowaways should be escorted by sufficient crew at all times. Stowaway should not be put to work.

Arrangement for disembarkation & deportation

The Master should report all details retrieved during the conversations with the stowaway to the management company and discuss the disembarkation possibilities and any deportation arrangement made for the stowaway. The P & I representative in the disembarkation port should be informed. After the completion of the procedures for the disembarkation and deportation of the stowaway, the Master should, in cooperation with local agents, make a final report to the management company.

Documents necessary for procedures for disembarkation and deportation
1. The Master need to prepare a Statement of Fact mentioning at least the following matters (if known):
  1. Nationality of stowaway;
  2. Name;
  3. Address;
  4. Port of embarkation
  5. Date and time of discovery;
  6. Place of discovery;
  7. Conditions when discovered;
  8. Food, sanitary facilities, exercise and humanitarian treatment during confinement
  9. Preventive measures that had been taken as per SSP (Ship Security Plan)
  10. Record of the port of calls after the discovery. Date and Time of arrival and departure, date of Time of arrival in the disembarkation port, when the stowaway left the vessel under escort and Date and Time of the deportation (from the agent) all should be noted as it happened.
  The Master should prepare an Agreement of Disembarkation, which states that the stowaway has agreed voluntarily to the disembarkation and deportation, if necessary after consultation with the management company), taking the following matters into consideration :
  1. Countries that require the agreement mentioned above e.g., Japan and Egypt.
  2. A country where the agreement mentioned above is likely to disturb the procedures for disembarkation of stowaways e.g. U.S.A., etc.
  The Master should prepare a statement regarding the stowaway based on the interview held onboard, accompanied by a copy of his identification card and photograph.
2. Documents for P&I insurance settlement
  
  The Master should prepare the following documents and submit to the Company, since the costs for the disembarkation and deportation of stowaways may be recoverable from the P&I Club. It also may be contained any costs for deviation, communication costs, overtime of the crew, cost of meals for stowaways, costs for the arrangement of guards of stowaways.
  1. Report to authorities;
  2. Masters report;
  3. Record of Stowaway Searches
  4. Copy of crew list;
  5. Record of communication costs
  6. Detailed statement on incidental expenses
  7. Detailed statement of other related expenses.
  8. In case of deviation, the full record for date, place, fuel consumed, and wages, stores and provisions used during same ( from commencement to completion)
3. ISPS implications
  
  The presence of stowaway on board can pose a very serious problem as to suggest a breach or failure of the ISPS Code and entail delays, searches etc when entering subsequent ports. All security procedures and records as per the SSP (Ship Security Plan) must be maintained diligently to demonstrate to the PSC and Port Security Officers that the ship had done its best to control access to the ship and maintain a proper ship security system.

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