On the basis of the experience thus far, the application
of the following basic principles have been useful in preventing stowaway
incidents and have been helpful in the speedy resolution of stowaway
cases:
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.1 Stowaway incidents should be dealt with in
a manner consistent with humanitarian principles. Due consideration
must always be given to the operational safety and security of the
ship and to the safety and well-being of the stowaway.
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.2 Public authorities, port authorities, shipowners
and masters, should co-operate to the fullest extent possible in order
to prevent stowaway incidents.
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.3 Shipowners, masters, port authorities and public
authorities should have adequate security arrangements in place which,
as far as practicable, will prevent intending stowaways from getting
aboard a ship or, if this fails, will detect them before the ship
leaves port or, at the latest, before it arrives at the next port
of call.
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.4 Adequate, frequent and well timed searches
minimize the risk of having to deal with a stowaway case and may also
save the life of a stowaway who may, for example, be hiding in a place
which is subsequently sealed and/or chemically treated.
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.5 Public authorities, port authorities, shipowners
and masters, should co-operate to the fullest extent possible in order
to resolve stowaway cases expeditiously and secure that an early return
or repatriation of the stowaway will take place. All appropriate measures
should be taken in order to avoid situations where stowaways must
stay on board ships indefinitely.
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.6 Stowaways arriving at or entering a State without
the required documents are, in general, illegal entrants. Decisions
on dealing with such situations are the prerogative of the States
where such arrival or entry occurs.
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.7 Stowaway asylum-seekers should be treated in
accordance with international protection principles as set out in
international instruments, such as the provisions of the United Nations
Convention relating to the Status of Refugees of 28 July 1951 and
of the United Nations Protocol relating to the Status of Refugees
of 31 January 1967 and relevant national legislation.footnote
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.8 Every effort should be made to avoid situations
where a stowaway has to be detained on board a ship indefinitely.
In this regard States should co-operate with the shipowner in arranging
the disembarkation of a stowaway to an appropriate State.
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.9 States should accept the return of stowaways
who have full nationality/citizenship status in that State, or have
a right of residence in that State.
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.10 Where the nationality or citizenship or right
of residence cannot be established, the State of the original port
of embarkation of a stowaway should accept the return of such a stowaway
for examination pending final case disposition.