Issue Summary
- Industry humanitarian and operational response to stowaways and “persons taken up from sea” (i.e refugees and economic migrants)
- Interaction with P&I Associations as primary focus for dealing with the problem
- IMO “Stowaway Focal Point”
Intercargo Policy
Although not a Bulk Carrier specific issue, Intercargo wants to help reduce the immense bureaucratic burden that stowaways represent for Masters and Owners.The work of P&I Associations and some Flag and Port States is acknowledged.
“A speedier repatriation process; recognising the professional efforts of P&I Clubs and encouraging IMO to assist in the humanitarian resolution of practical seafaring problems”
Summary of Recent Developments
Intercargo welcomed the establishment of an IMO “Stowaway Focal Point” obtained by Intercargo’s efforts and the assistance of other Round Table Partners. The SFP can assist in Government to Government negotiations when established channels such as the P&I Clubs have been unable to resolve Stowaway issues. Unfortunately, the provision of a SFP lacks visibility, despite the best efforts of industry to publicise the service.
Definitions
There is a need to accurately define the various categories of persons found or taken on board a ship. Precise definitions exist elsewhere but essentially stowaways are found on board despite the best efforts of the ISPS Security Code parties (ship and terminal) to deny access; refugees and economic migrants : are taken on board in mid-ocean usually to preserve life; and people trafficking is a legally & morally reprehensible system but where lives may also need to be saved.
Legality
Masters are bound by specific legal conventions to rescue, care and deliver persons to a place of safety. Governments also have responsibilities and yet some chose to ignore them. Relevant legislation includes :
Article 98 of UNCLOS;
SOLAS Chapter V
IMO SAR (Search and Rescue Convention)
IMO Resolution A920 : Treatment of Persons Rescued at Sea
IMO Facilitation Convention (dealing with Stowaways)
Practical issues
Intercargo recognise that Stowaways create more work for the crew. Repatriation is difficult – many Governments refuse to accept them for landing as stowaways etc often deliberately destroy their identity documents. Fellow Round Table member, BIMCO, is working on a Stowaway Clause for Time Charter arrangements.
Intercargo was instrumental in obtaining an IMO Stowaway Focal Point (SFP) to provide additional avenues of support and to speed the repatriation process. This was duly agreed by IMO and the one-year trial basis has been informally extended pending analysis of the use made of this facility. Previous feedback revealed that Intercargo entered vessels seldom made use of the SFP but we remain grateful to IMO for its ongoing provision.
Intercargo suggests the following sources of information in the event of finding a stowaway :
- Contact details of the IMO SFP (+44 7587 3110 /
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)
- Basic information about what to do (tell the DPA and your P&I Club)
- Ask the Stowaway questions in a checklist format (available on request)
- Consider sending statistical returns to Flag AND the IMO SFP
- Details of an IMO / UN High Commissioner for Refugees leaflet.
Statistics : IMO's reported figures for the cases reported to them (all ship types) are as follows. It is generally acknowledged that these figures significantly under-report the true scale of the incidence of stowaways :-
2006 : 244 incidents / 657 stowaways
2007 : 252 incidents / 889 stowaways (18 of the incidents [7.1%] relate to Bulk Carriers)
2008 : 494 incidents / 2,052 stowaways (49 of the incidents [9.9%] relate to Bulk Carriers)
1Q2009 : 108 incidents / 481 stowaways (8 of the incidents [7.4%] relate to Bulk Carriers
Extrapolation / Estimation 2009 : 432 incidents / 1,924 stowaways
The IMO Circular FAL.2 / Circ 113 dated 30 June 2009 contains further statistical information about the 494 stowaway incidences, for example :-
- 11% of stowaways have to remain on board for more than 30 days before disembarkation / repatriation
- of the known places of embarkation, 42% came on board in West Africa; 48% embarked in the Mediterranean, Black Sea and North Sea - mainly on roro and other ferries
Analysing the 1Q2009 data for Bulk Carriers in detail :-
- Ports of Embarkation for the 31 stowaways on Bulk Carriers :- Port Harcourt 10; Lagos 14; Durban 3; Dakar 4
- With data reporting varying, 1 incident saw the stowaways carried on a 39 day voyage from Port Harcourt to Cape Town; others did a Durban to Durban Round Trip and many others were on board from West Africa to Argentina. At least 13 were repatriated by plane and three were left in the care of a Human Rights Organisation in Argentina given that minors were involved.
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Last Updated on Thursday, 01 October 2009 11:30 |
Stowaways
