If, in the course of a voyage of a ship registered in a C.E.M.A.C. Member State or in another State, a stowaway is discovered in a port or at sea, the master of the ship may, subject to the provisions below, deliver the stowaway to the competent maritime authority of the first port of a C. E.M.A.C. Member State or non-C. E.M.A.C. Member State in which the ship calls after the discovery of the stowaway, and in which he considers that the stowaway will be treated in accordance with the provisions of the African Charter on Human and Peoples’ Rights.
On delivery of the stowaway to the competent maritime authority, the ship’s captain must authority a signed declaration containing all information in his possession concerning the stowaway, in particular his nationality or nationalities, port of embarkation, date, time and geographical position of the vessel when the stowaway was discovered, as well as the ship’s port of departure and ports of call with dates of arrival and departure.
Unless a stowaway is the subject of a previous individual expulsion or refoulement order, the competent maritime authority of any port of a Member State shall receive any stowaway delivered to it in accordance with the foregoing provisions of the law and shall act in respect of such stowaway in accordance with the provisions of the Code.
When a stowaway is delivered to the competent maritime authority at the port of disembarkation, that authority may return him to any State of which it considers that he is both a that State recognizes him as such.
But when the State or States whose competent maritime authority considers the stowaway to be a national who refuses to accept his return or, where the competent maritime authority considers that the stowaway has no nationality or that, for the reasons mentioned in article 439 paragraph 2 of the code, he should not be returned to his own country, the said authority may return the stowaway to the State in which is located the port which it considers to be his port of embarkation.
In addition, where the stowaway cannot be returned in accordance with paragraphs 1 or 2 of the code, the competent maritime authority may, subject to the provisions of article 439 paragraph 2 below, return him to the State in which the last port of call was before he was discovered.
Finally, when a stowaway cannot be returned in accordance with paragraphs 1, 2 or 3 of the code, the competent maritime authority may return him to the State whose flag the ship was flying when the stowaway was discovered.
The State to which the stowaway is so returned is bound to accept him, subject to the provisions of paragraph 3 of article 435 of the code.
For the application of the provisions of articles 434 and 435 of the present Code, the competent maritime authority which receives a stowaway entrusts him/her to the immigration services until the successful repatriation of the stowaway.
The costs of maintaining a stowaway at the port of disembarkation, as well as those of returning him/her to his/her country, shall be borne by the shipowner, without prejudice to any recourse he may have against the State of which the stowaway is a national.
In all other cases, the shipowner will bear the costs of return, but will only be liable for maintenance costs for a period of three months from the time the stowaway is handed over to the competent maritime authority.
Any requirement for a deposit or bond to guarantee payment of the above costs is governed by the national law of the port of disembarkation.
The powers conferred by the Code on the master of a ship and on the competent authorities with respect to the fate of a stowaway shall be complementary to and not in derogate from any other rights and obligations he or they may have in this respect.
For the application of the provisions of the present Code, the master and the competent authorities of the port of disembarkation will take into account any reasons which the stowaway may invoke not to be disembarked or returned to such ports or States.
The provisions of the Code shall in no way affect the rights and obligations of any Member State to grant political asylum.
Add comment