Protection & Indemnity Clubs could play a more effective role in managing stowaways on ships if they cooperated more with civil society to improve humanitarian outcomes.

The International Maritime Organization (IMO) defines stowaways as people who board a ship or its cargo without permission. They are found on board after departure from a port or during unloading of the cargo. West African migrants stowing away are frequently connected with aspirations to reach Europe; many migrants, however, are choosing longer and more dangerous voyages to pursue opportunities in South America, especially in Brazil and Argentina. This migratory trend still represents only a small share of worldwide migration but has been expanding rapidly in the decade up to the end of 2024. Most migrants heading for South America depart from West African countries such as Senegal, Guinea, Nigeria and Ghana with the majority entering South America through Brazil. The country’s historical and cultural ties to West Africa, combined with its formally liberal visa regulations, make Brazil the main country of destination in the region.[1]

Stowing away on transatlantic routes, often for months, exposes migrants to extreme hazards. They have to survive unsanitary conditions – and if discovered may be thrown overboard or set adrift in precarious rafts. Still, the increasingly restrictive migration policies being adopted in Europe are making this an alarmingly popular option.

Not surprisingly, incidents requiring authorities to deal with the arrival of stowaways are becoming more common in Brazil, bringing to light the dangers that such undocumented migrants face. In August 2023, the Brazilian Federal Police rescued Nigerian stowaways in the wheelhouse area of a cargo ship, near the port of Vitória, on Brazil’s southeastern coast.[2] The group had been at sea for 14 days, drinking seawater, having run out of food and fresh water after hiding for almost 4,000 miles.

Protection and Indemnity (P&I) Clubs are supposed to be part of the solution. P&I Clubs were created in 19th century Britain to protect commercial operations and to cover a wide range of liabilities – including assisting shipowners to provide adequately for any stowaways found on board. [3] The main clubs are located in Europe, and the International Group of P&I Clubs (IGP&I) operates from London. It has 13 member clubs that cover almost 90% of the world’s ocean-going tonnage. Once a stowaway is found aboard a ship, the company responsible for the vessel might face steep financial penalties, repatriation costs and the need to redirect the ship to another port of disembarkation. In theory, P&I Clubs are meant to serve as focal points to help shipowners with so-called ‘stowaway management’. In practice, however, the task of caring for stowaways is not always straightforward and requires inter-agency cooperation.

P&I Clubs in Brazil

Brazil has no P&I Club but several international clubs have representatives (known as ‘correspondents’) there. In terms of the financial costs of managing stowaways, P&I Clubs cover the costs incurred in sending migrants back to their home country and for them to be housed and taken care of until they are repatriated or disembarked; they also cover the costs involved in administering the fines handed out to the shipowners for not stopping stowaways. Another important role is legal assistance. P&I Clubs can provide legal experts to deal with immigration law, international maritime law and port regulations. Last, but not least, P&I Clubs have established a significant network to cooperate with port authorities, Federal Police and embassy officials to support them in their management of undocumented migrant stowaways. Civil society, however, is an important actor missing from these networks.

On discovering a stowaway, the shipowner informs different actors, including port officials, the Ministry of Foreign Affairs, the Ministry of Justice and Public Security, and correspondents of P&I Clubs. If the ship is far from the coast, it is necessary to wait until it reaches the next port that allows safe disembarkation. If the ship has arrived at its destination port in Brazil, the Federal Police authorises admission of the stowaway to the country, whether documented or not, but only under the custody of the shipowner and the P&I Club correspondent.

P&I Clubs instruct the crew on some procedures after a stowaway is discovered on board. These range from a search of the stowaway’s items and the area where they were found, to a full health examination. Crew are also instructed to take photos and search for hidden papers or ID and to question the stowaway about their reasons for stowing away. The main concern is to get as much information as possible to help determine their identity. Other measures relate to safety and security, such as guarding or reinforcing the cabin door to prevent escape; if the crew believes that the stowaway’s behaviour may jeopardise their safety, they can use handcuffs, chains or straps as means of physical restraint. The ship’s master is responsible for providing a full statement to the local authorities including the stowaway’s data, behaviour and health, as well as the food and security standards on board and the security measures implemented.

In repatriation cases, the P&I Club needs to provide the stowaway with accommodation and food in Brazil, a return ticket to their country of origin, documentation (including an emergency passport), continuous monitoring by a formal representative in Brazil, and private security at hotel doors until repatriation occurs. The length of this process varies depending mainly on any difficulties incurred in confirming the stowaway’s nationality. In the absence of any personal documents, representatives from the Federal Police and the P&I Club interview the stowaway to try to identify the correct embassy to contact. Embassies usually need another interview to confirm nationality before issuing the necessary documents. Only then can the repatriation process begin. The Federal Police and the airline being used will require at least two escorts to return the stowaway. The P&I Club’s responsibility ends once removal is complete.

In circumstances where the stowaway wishes to apply for asylum in Brazil, a correspondent from the P&I Club contacts members of the country’s National Committee for Refugees. The Federal Police receive all the documentation and issue the asylum seeker’s provisional identity card. In some cases, the correspondent of the P&I Club also contacts civil society organisations (CSOs) that work with refugees and they will then help guide the asylum seekers through any bureaucratic hurdles that may arise. In these cases, the P&I Club’s responsibilities cease when the Federal Police issue the provisional identity document. This could result in P&I Clubs preferring to deal with asylum applications rather than repatriation on grounds of cost and simplicity.

The need for improved cooperation

In 1957, a conference in Brussels adopted the International Convention Relating to Stowaways. It has never come into force but international principles do exist – such as the guidelines issued by the International Maritime Organization and the 1965 Convention on Facilitation of International Maritime Traffic (FAL Convention) and its 2018 amendment.[4] These initiatives lay down the responsibilities of port authorities, shipowners and flag States. They also highlight that every effort should be made to establish the citizenship of the stowaway. Ultimately, they advocate for close cooperation among all authorities and individuals involved in managing stowaway cases.

The management of stowaways presents significant humanitarian challenges. It is crucial to ensure adequate food and shelter, both on board and during the repatriation or asylum process. Stowaways may suffer health issues from their long and dangerous journey, including trauma, starvation, exposure and dehydration, and may need medical attention. Avoiding exploitation is also vital because stowaways are vulnerable to human trafficking. Moreover, these undocumented migrants may be refugees, and their right to international protection and non-refoulement must be considered. Given their precarious situation during long journeys, it is critical to monitor their treatment onboard to prevent human rights violations.

The need to balance the protection of maritime operations with stowaways’ rights calls for improved coordination between P&I Clubs and civil society. In Brazil, CSOs are at the forefront of defending migrants’ rights in reception, integration and relocation. Given the experience and authority of P&I Clubs in stowaway management, it is important to incorporate them into the model of shared responsibilities – involving State organisations, international organisations and NGOs – that the country has followed since the 1970s.

It is critical to acknowledge several barriers to cooperation between P&I Clubs and CSOs – barriers that are not exclusive to Brazil. The current lack of coordination stems from their different methods and conflicting priorities. P&I Clubs manage liability for shipowners while CSOs often focus on humanitarian work, and achieving alignment across these goals can be difficult. Inconsistent policies on managing stowaway identification, reception and processing add yet another challenge. It is therefore crucial to develop regulatory projects combining P&I Clubs’ maritime expertise with CSOs’ knowledge in the field of migration.

In 2024, Brazil’s northern state of Pará launched a stowaway management initiative, the first coordinated effort of its kind. This included the creation of a Standard Operating Procedure (SOP).[5] UNHCR Brazil, the Federal Police, the Public Prosecutor’s Office, the State Public Defender’s Office and the Maritime Agencies Union of Pará collaborated on the document. The SOP emphasizes non-refoulement, non-penalisation for irregular entry and non-discrimination. It also seeks to ensure family unity, free legal aid, access to information and provision for basic needs. The document requires P&I Clubs to report stowaways to Brazilian authorities 72 hours before docking (although in practice stowaways may only be discovered at the time of unloading). In such cases, a public defender must meet privately with the stowaway (with an interpreter if necessary) and identify and advise on the stowaway’s protection needs. P&I Club correspondents should not attend the meeting.

The SOP created in the northern region is a first for Brazil in stowaway management. Although CSOs remain absent from the SOP, it is a big step forward in inter-agency cooperation, and crucial to building partnerships between private entities and CSOs so that they can develop procedures and best practices to meet international standards. The new structure can help authorities share duties, promote human rights and ensure accountability. This may include developing an inter-agency platform to share information on stowaway cases. It is also important to establish focal points in different organisations. When authorities find stowaways, networking can help to expedite responses and ensure migrants are treated in accordance with international standards. This framework allows CSOs to address urgent humanitarian needs while P&I Clubs deal with operational difficulties, using a shared responsibility model.

Better coordination between P&I Clubs and CSOs could help improve stowaway management. Meanwhile, regional strategies and national cooperation could be facilitated through South American networks led by Brazil and Argentina. A regional initiative could help P&I Clubs by pooling resources and expertise to cut costs, boost social responsibility and improve humanitarian outcomes for these undocumented, stowaway migrants.

 

Flávia Rodrigues de Castro
Lecturer, Postgraduate Program in Maritime Studies, Naval War College, Brazil
flavia.castro@marinha.mil.br

This study was financed in part by the Coordenação de Aperfeiçoamento de Pessoal de Nível Superior – Brasil (CAPES) – Finance Code 001.

 

[1] Freier L F, Lucar Oba L, Fernández Bautista M A (2024) ‘Inter-regional Migration in the Global South: African Migration to Latin America’ in Crawley H, Teye J K (Eds) The Palgrave Handbook of South–South Migration and Inequality, Palgrave Macmillan.

[2] ‘Federal Police rescue Nigerians who traveled to Brazil near ship’s propeller for 13 days’, Folha de S. Paulo, 13^th July 2023

[3] Walters W (2008) ‘Bordering the sea: shipping industries and the policing of stowaways’, Borderlands ejournal, Vol 7 (3): 1-25.

[4] International Maritime Organization ‘Stowaways’

[5] UNHCR (2024) Procedimento Operacional Padrão (POP) para identificação, acolhimento e encaminhamento adequado de pessoas com necessidade de proteção internacional no Porto Vila do Conde (PA)

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