Simon Hodgkinson, head of loss prevention at West P&I, with some uncomfortable advice for sympathetic crewmembers.
A male stowaway discovered on the Iraklis freighter before its arrival at Gijon, Spain, in late March 2023 may have tried convincing the crewmembers that found him not to alert the ship’s captain. If so, the 58-year-old Colombian who boarded the ship at a previous port call during its voyage from Barranquilla, Colombia, failed miserably.
Spanish authorities arrested the stowaway after finding 200 kilos of cocaine worth at least US$6 million hidden in a covered structure while searching the ship. In this instance, the seafarers that found the stowaway did the right thing in alerting the authorities. Had they not, the crew and captain may have been falsely detained and potentially charged with drug smuggling.
Other stowaways will have more understandable reasons for boarding a vessel illegally, including yearning for a better life in another country. But seafarers should avoid befriending the uninvited guest and learning about their plight by keeping all conversation to a minimum. While chatting to the stowaway may seem friendly and harmless, a seafarer might start feeling sympathy towards them – especially if, for example, hearing how the individual boarded the ship to escape persecution or flee a war.
A sympathetic crewmember could easily make a bad judgement call, such as helping the stowaway stay hidden from fellow mariners and the captain or allowing them to disembark at the next port without telling the authorities. These actions can put all crewmembers and the captain at risk of prosecution for violating immigration laws. If caught by the authorities, the stowaway may try to shift blame for entering a country illegally by accusing crewmembers of impropriety or more serious offences.
The ideal scenario for crewmembers is to limit the risks by ensuring anyone who shouldn’t be on the vessel doesn’t make it aboard. Safeguards such as using CCTV or crewmembers to monitor all access points will make it more difficult for someone to sneak onto a ship. But while effective, such measures aren’t, and likely never will be, watertight. A civilian who has gained access to a vessel undetected may have received assistance from port personnel. Once aboard, they have a long list of potential hiding places such as empty containers, cargo holds, tanks, tunnels, behind false panels or in accommodations areas. Engine rooms, void spaces and cranes are also possible spots for attempting to remain undetected.
If discovering a stowaway on board, seafarers should follow the International Maritime Organization (IMO) advice set out in the Resolution A.871(20) Guidelines on the Allocation of Responsibilities to Seek the Successful Resolution of Stowaway Cases. They can also refer to Section 4C of the Facilitation of International Maritime Traffic Convention for further guidance on how to treat stowaways, who could be on board for quite some time. Another useful resource for additional information on stowaways is the Nautical Institute’s ‘Stowaways by Sea and Rescue of Migrants’.
As the IMO points out, repatriating stowaways – particularly ones without identification papers – can be a very complex and costly procedure involving masters, shipowners, port authorities and agents.
Following the IMO’s guidelines and informing seafarers to avoid socialising with a stowaway or granting them any favours is the first piece of advice we give to our members. We also recommend that the Master notifies their employer’s office immediately, giving as much detail as possible. The shipping company’s insurer should then be told at the first opportunity, to get the repatriation process started.
Getting the stowaway repatriated involves returning them to their country of origin, providing this information can be established. If not, the civilian will likely be dropped off at a port where the vessel is scheduled to stop. Each option will likely be expensive for the shipowner – but less costly than any legal consequences from crewmembers befriending a stowaway.
For any guidance or advice on stowaways, West P&I members should contact the club.
