STOWAWAYS

Student project by Sandro Krstievi & Sanjin Suanj

Stowaways as a problem

international problem ever-present problem for the shipping industry growing problem problem for all subjects involved (shipowner, crew, port authorities)

Definition

Resolution A.871(20) 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 after the ship has sailed, and is declared as a stowaway by the master to the appropriate authorities."

Conventions and Guidelines

Brusselles convention (1957) Convention on Facilitation of International Maritime Traffic (FAL convention)(1965) The Guidelines on the Allocation of Responsibilities to Seek the Successful Resolution of Stowaway Cases (1997) The United Nations Declaration on Human Rights (1948) The European Convention on Human Rights (1953)

Geographical risk areas

civil wars natural disasters economic downturn

GEOGRAPHICAL RISK AREAS

BELGIUM WEST AFRICA

2% 1%

19%

2% 1%

RED SEA EAST AFRICA COLUMBIA BRAZIL

27% 44% 4%

TURKEY OTHERS

Type of ships
TYPE OF SHIPS
8% 4% 9% 4%
RORO CARGO TANKER BULK CARRIER

16%

OFFSHORE SPECIALIST CAR CARRIER

1% 45% 2% 11%

PASSANGER FERRY CONTAINER SHIPS GENERAL CARGO OTHER

Container ships

container ships regularly trade between Europe and North America and also between African and European ports wide variety of hiding places aboard a container ship the open plan of container ports and their low level of security makes them easily accessible

How should stowaways be treated?

they are not criminals basic human rights should be respected should not be arrested or detained should not be forced to work

Masters responsibility

Check their state of health Find out their identity and the reasons they are on board Inform the shipowner, local agent and insurance company (P&I Club) Provide food, water and appropriate clothing Keep stowaways in a secure, dry and well ventilated area with proper sleeping facilities Treat stowaways well and fairly because that ensures less of security risk for all Inform stowaways in an emergency procedure Search concealed weapons, drugs and other risky things Inform the officers and the crew how the situation will be managed Keep detailed record off all activities

Masters responsibility

Treat stowaway in aggressive manner Allow any crew member to become friendly with a stowaway Enter to his room unless two crewmember are present Allow stowaway access to any part of ship without being accompanied Add them to the crew list Give them anything that could be used as a weapon Try to hide their presence from the immigration authorities Force them to work

Conclusion

prevention awareness of regional hot spots acting in accordance with The Guidelines close cooperation between the Master, shipowner and port authorities respecting basic human rights

References

Eltchelebi, D.: Standard safety Special feature Stowaways, April 2009, available at: www.standard-club.com/docs/standard_safety_april_09-2.pdf [accessed 25th March 2011] Guard Guidance on Stowaways, available at: http://www.gard.no/ikbViewer/Content/2287134/Guidance%20to%20st [accessed 25th March 2011] International Maritime Organization (IMO), Resolution A.871(20), Guidelines on the Allocation of Responsibilities to Seek the Successful Resolution of Stowaway Cases, 27 November 1997, FAL.2/Circ.43, Annex; Resolution A.871(20), available at: http://www.unhcr.org/refworld/docid/3ae6b31db.html [accessed 25th March 2011] International Transport Workers' Federation, ITF policy on Stowaways, 8th-10th October, Singapore, available at: http://www.itfglobal.org/seafarers/policies.cfm [accessed 25th March 2011] Pavii, B., Slijepi putnici i kaznena odgovornost, in: UPP, 37 (1995), no. 145-148, page. 59-72 UN High Commissioner for Refugees, International Convention Relating to Stowaways ("Brussels Convention"), 10 October 1957, available at: http://www.unhcr.org/refworld/docid/3ae6b3a80.html [accessed 11th March 2011]

Thank you for your attention!

Sandro Krstievi & Sanjin Suanj

Faculty of Maritime Studies, Rijeka Nautical Studies and Maritime Transport Technology, April, 2011.