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Seafarers may break law helping stowaways disembark, West of England P&I club warns

Insurers not always able to arrange immediate repatriation, particularly where identity documents are lacking, says International Group affiliate

Marine mutual has handled around 300 stowaways in the past three years, head of loss prevention estimates, which could be pointer to a more substantial problem

P&I CLUBS may not be able to arrange immediate repatriation of stowaways, particularly if they lack identity documents, leaving owners to deal with the problem for some time, West of England warned in a loss prevention circular.

The marine mutual also highlighted the risks involved where crew members befriend those boarding a vessel, particularly when they elicit sympathy by telling of the harrowing conditions that many will have endured in their home countries.

In these circumstances, seafarers may attempt to help them disembark at a forthcoming port without going through the proper channels, thus putting them in breach of local laws.

The cost to shipping companies of returning stowaways to their point of origin — while usually recoverable from insurers — can be at least $40,000, and as much as $300,000 a head in some instances, according to recent analysis from industry experts.

The formalities involved can also lead to delays to vessels. In one case in 2021, Atlantic Container Line ro-ro containership Atlantic Sea (IMO: 9670597) was delayed for over a day, after stowaways were found as it departed Liverpool, en route to Halifax, Canada.

In another high-profile incident in the same year, UK special forces stormed tanker Nave Andromeda (IMO: 9580405) following reports of a stowaway hijacking.

But charges were dropped after no evidence was found that the crew were threatened or that the seven stowaways intended to seize control of the vessel.

Cape Town, Durban, and Lagos appear to be the main African embarkation ports, with Bilbao in Spain popular for those seeking to reach the UK.

But, generally, the issue is not as extensive in Europe, where port security standards and seafarer awareness tends to be higher.

Asylum seekers and illegal migrants in Europe often find it simpler to hide in a truck instead of a ship, or even to proceed on foot across the Balkans and central Europe.

Another headache is that many stowaways are not nationals of the port at which they embark, and it is often difficult to ascertain their nationality.

Guidelines on dealing with stowaways have been published by the International Maritime Organization, and further advice is contained in the Facilitation of International Maritime Traffic convention.

West’s circular gave details of one specific case, in which seven men were discovered on board a bulk carrier that had left Kenya.

The crew and the stowaways became friendly, and the master did not inform the owners of the development.

On reaching Durban in South Africa, the men attempted to disembark, in the hope of boarding another vessel going elsewhere.

The crew provided the stowaways with clothes, money, and rigged a rope to the seaward side of the ship, enabling them to climb down into the water without being seen from the shore.

The stowaways planned to swim to the opposite side of the dock, but two were not strong swimmers, and drowned in the attempt. The five survivors were apprehended and accused the crew of forcing them into the water.

The master and three crew members were arrested and initially charged with murder, later reduced to manslaughter with immigration offences.

The master and two other seafarers were found guilty on the latter charges and given suspended prison sentences and fines.

“Crew members should refrain from socialising with stowaways and should not grant them special favours,” the circular contends.

West of England head of loss prevention Simon Hodgkinson said that immigration authorities had been particularly reticent to admit stowaways during the pandemic.

The UK, in particular, has taken a strong line, in light of the current political controversy over the asylum issue.

“The argument has always been historically ‘you shouldn’t have let them on in the first place’.

“Then you’ve got the issue of proving who they are and where they come from. It makes it difficult to get them off the vessel.”

In operational terms, owners have to decide whether to proceed to a scheduled destination port, or whether a deviation is appropriate. Each case represents a separate call.

West has handled around 300 stowaway incidents in the past three years, or around 100 a year.

Given that the club has a market share of just under 7%, the total for the International Group as a whole, could comfortably top 1,000.

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