Are there asylum guidelines on stowaways or people rescued at sea?
Shipmasters have an obligation under international law to rescue any persons in distress at sea. In some cases, such as the exodus of Vietnamese boat people, such persons were asylum-seekers. Clandestine stowaways may also be asylum-seekers. Persons rescued at sea should be disembarked at the next port of call, where they should be admitted, at least on a temporary basis, pending resettlement. Some flag states of rescuing ships have provided guarantees of resettlement for rescued persons. There is no binding international convention relating to stowaway asylum-seekers and their reception varies widely. UNHCR advocates that, wherever possible, stowaways should be allowed to disembark at the first port of call, where their refugee status may be determined by the local authorities. If a port state does not allow a stowaway to disembark, and the ship’s next port of call is in a state where the stowaway’s life is threatened, then the action is tantamount to forcible return (refoulement). In
