Be vocal! Professional Associations: Stand up against injustice.

June 25, 2019 § 4 Comments

Dear Colleagues:

It has been almost a month since we first learned that our colleague Shin Hye-Yong, who interpreted for the Democratic People’s Republic of Korea (North Korea) Supreme Leader Kim Jung Un at the Hanoi summit with United States President Donald Trump was apparently detained at a political prison camp charged with undermining the Leader’s authority. This has been called “a critical interpreting mistake” by some in North Korea.

It has been widely reported by reputable press publications in Asia, Europe, and the United States, that the interpreter was blamed for president Trump’s walking away from the negotiating table when apparently the North Korean leader was “ready to continue the negotiations” and uttered in Korean: “Wait! Wait!” Or something similar that his interpreter did not convey in English before the American delegation exited the room. According to the media, Kim Jung Un ordered her detained and sent to a labor camp where she is currently undergoing reeducation and reflecting on her loyalty to the supreme leader of North Korea. Of course, we all know that in the civilized world, an error, if one really was really committed, has consequences that can go from a reprimand to a demotion, or firing, but never to hard labor or incarceration.

It was also reported by South Korean newspaper Chosun IIbo and others that Kim Hyon Chol, North Korea’s special envoy to the United States for nuclear negotiations was executed immediately after the summit. Although this turned out to be false, and Kim Hyon Chol is alive, he has been demoted from his pre-summit position, apparently he spends several hours a day writing essays and reflecting on his loyalty to the supreme leader. Nothing has been reported or leaked about the situation of our colleague Shin Hye-yong or their family.

It is not clear if Kim Jung Un really said these words, and if he did, it was loud enough for the interpreter to hear them, or he spoke under his breath. It is also possible that the interpreter rendered the words in English so low that Trump did not hear them, that she interpreted after the Americans had left the room, or that Trump heard her and ignored her.

I learned of this atrocity against a fellow-interpreter, and against our profession really, while at a conference attended by many colleagues, some of them diplomatic interpreters who have worked with heads of state from many countries. I immediately thought our governments would speak up against these horrible allegations but I also understood governments need to act calmly and wait until there is more information, even when dealing with a black hole of information like North Korea. I also expected our professional associations, those who represent thousands of interpreters and translators throughout the world to raise their voice in support for Shin Hye-yong and in protest for what was done to her and to the profession at large.

I expected those who represent us to react immediately, condemning the allegations and declaring them, if true, unacceptable. The International Association of Professional Translators and Interpreters (IAPTI) proving once again it truly stands shoulder to shoulder with all interpreters and translators, issued a letter condemning the allegations right away. The International Association of Conference Interpreters (AIIC) mentioned the incident on social media, and several colleagues, individually, have shared their total rejection to what happened in North Korea. Most associations, including the bigger, wealthier organizations with the most members have timidly remained silent. Some of them have reacted like news agencies and have called to corroboration before issuing any statement, even when practically all major publications in the world already talked about this. Others, have argued it is better to remain quiet for now out of fear that a communication condemning these actions against Shin Hye-yong could make her situation worse.

I guess these groups think a protest from a translators and interpreters association will motivate a ruthless dictator to punish an individual more harshly than everything already published by the likes of The Guardian, New York Times, Washington Post, Asahi Shinbun, Chicago Tribune, etc.; like Kim Jung Un keeps an eye on our opinions.

These professional associations completely missed the point: a letter from a professional association will not sway a dictator more than public opinion or world-reputable newspapers; the letters are for us. The purpose of issuing a formal protest by any of them is to show their members, and the profession at large, that in times of crisis, darkness, fear and despair, they are with us, they feel our pain, they have our back. It is for us, thousands of interpreters and translators to feel the associations are protecting the profession, to the point of not accepting anything that hurts what we do, even if they are just allegations. Kim Jung Un will never read these letters nor learn of their contents, but Shin Hye-yong, and her family, might. Perhaps she will hear about the letter from IAPTI in that horrible place where she is being held. Knowing her fellow interpreters throughout the world are aware of what happened to her, they are saddened and they are showing their disapproval will make her feel less alone, hopeless, and isolated where she is.

This was a hot topic for discussion and rage among all of us at the conference; opinions against the North Korean regime’s decision to incarcerate the interpreter, and concern for the recent and constant attacks on the diplomatic interpreting profession were voiced everywhere. There was a comment that stayed with me. I asked a top-level interpreter who works with presidents and other world leaders if she thought interpreter and translator professional associations should speak up and condemn the actions of the North Korean government against the interpreter, even if they had not been confirmed. Her answer was: “What would you want your peers to do if you were in her shoes?” I answered without hesitation: “I would want my colleagues and my professional associations to raise their voice in support of the profession and to defend me”. She told me she would want the same if this happened to her. Next, I asked the same question to as many colleagues as I could, and all of them told me the same. Nobody told me they wanted for the interpreting world to wait for a corroborating source. There was not a single interpreter who bought the argument that speaking up would make things worse for her.

Dear colleagues, our profession, especially diplomatic interpreting, is under attack in many places, from the United States Congress politically motivated posturing demanding interpreter’s notes and threatening a subpoena, to the president of Mexico using his secretary of foreign affairs as interpreter instead of a professional, to the disaster in North Korea.

This is not the first incident involving a North Korean interpreters: It is not clear why Kim Jung Un replaced the experienced interpreter who accompanied him to the first Trump meeting in Singapore with our now ill-fated colleague Sin Hye-yong; we saw the fear in an interpreter’s eyes when in front of the TV cameras Kim Jung Un dropped something and the interpreter took a professional athlete’s dive to catch it before it hit the ground; and we all saw the embarrassing incident with the Vietnamese interpreter who dashed from the helicopter down the red carpet to get to the dictator before he uttered a word to the Vietnamese officials welcoming him to Hanoi.

Professional associations do not need to wait for corroborating sources to protest such serious allegations. They can protest the allegation and condemn it if “it turns out to be true”. Professional associations need to speak up; it is not their job to keep dictators happy, their job is to protect their members and the profession. Last century, world leaders sat on their hands as Hitler invaded Poland, they did not want to upset him, and we all know what happened. Professional Associations are always bragging about “everything they offer” to their members. It is time they offer them solidarity and support. I now invite you to share your opinion on this extremely important issue.

Some interpreters’ unprofessional conduct on social media.

January 10, 2019 § 7 Comments

Dear Colleagues,

Social media interaction can be a good thing for our professional practice. It helps us to be up to date in current events that affect our work; learn about interpreting, languages, and many other topics relevant to what we do; and it comes in handy to ask for help when stuck on a word or term. Unfortunately, social media can be a two-edged sword when used irresponsibly. It can hurt us individually or as a profession, especially when we, as interpreters, attack or criticize a colleague without actual knowledge of the subject and circumstances that surrounded the event or rendition we are ready to criticize.

I am saddened by colleagues who have never interpreted for a live event on TV broadcasted to millions, and yet they post on line uneducated remarks criticizing the interpreter for not “interpreting everything”, showing the world they have no idea of how broadcast interpreting works as far as screen timing and the expectations of the target audience. They do not stop to think that doing the rendition the way they suggest would take the interpreter into a different, unrelated image on the screen or even a commercial.

Frankly, I am tired of social media posts in chatrooms where ignorant interpreters attack a conference interpreter for not interpreting everything; a court interpreter for interpreting everything, (even the obvious and redundant), and doing it very fast; healthcare and community interpreters for doing the necessary advocacy so their client understands the message, and even the military interpreter for not being neutral and impartial.

At the end of November of last year, we lived through one massive attack and “opinions” by some colleagues who, despite not being well-versed on diplomatic interpreting, filled the digital channels with bizarre remarks.

The incident that triggered such social media activity were the November 30, 2018 remarks by president Trump of the United States, (who had traveled to Argentina to attend the G-20 Summit) and President Macri of Argentina in Buenos Aires. They both appeared before journalists from their respective countries and elsewhere. President Macri spoke first and welcomed Trump. Next, president Trump spoke, but at the beginning of his remarks, while holding a receiver in his hand, he looked at president Marci and said: “…I think I understood you better in your language than I did on this. But that’s okay…” Next, president Trump dropped the receiver he had been given for the interpretation of Macri’s remarks. President Trump’s comment was in English, but its interpretation into Spanish was heard by those present in the hall, and by everyone watching TV in Spanish in Argentina and the United States.

Right after this joint appearance by the presidents, interpreter forums, chatrooms, and tweeter accounts, filled up with strange comments such as: “…I wonder who interpreted for Trump. The rendition was so bad he said he understood better without it…” “…Trump was so mad at the interpreter he tossed the equipment…” “…the interpreter was so brave, she even interpreted the part when Trump said he didn’t understand her…” “…it wasn’t the interpretation, he said that because (Trump) hates Hispanics…” “…Trump did not like that the interpreter had an Argentinian accent, that is why he did it…” Also, the comments we see all the time: “…I wonder who picked those interpreters…” “…I bet you the interpreter isn’t certified…” “…Macri is so incompetent that he hired bad interpreters for his meeting with Trump…”

I watched the joint appearance on TV and I saw something very different from what these colleagues saw: It was obvious from the beginning that president Trump was handed a receiver at the last moment. They were already on stage and president Macri had started his welcoming speech. Trump got the receiver with no explanation as to how it works. He seemed unfamiliar with the receiver. On TV it looked different from the 2-part earpiece-receiver we use most of the time. This one looked like a one-piece receiver you use like a telephone receiver. At one point, it looked like president Trump was trying to adjust something on the receiver: maybe the volume, perhaps the channel. The video shows a lady giving him the receiver in a hurry. It does not show if somebody tested it before handing it to Trump. Maybe he was just adjusting the volume and he accidentally changed the channel on the receiver, or maybe the channel was wrong from the moment the receiver was handed to him. There is no way to tell for sure, but from the first time I saw it live, I realized there was something wrong with the equipment, not the rendition. I immediately answered all emails, tweets, and messages I got from many colleagues all over, sharing what I just said above. I know the two interpreters who worked the event, and they are the best of the best. The International Association of Conference Interpreters (AIIC) came to the same conclusion. On December 3, 2018 they issued a statement in both, English and Spanish:

                                                                       AIIC statement in Spanish

 

AIIC statement in English

Unfortunate that people who did not even watch the live broadcast or the full video were criticizing the interpreters when this was a case of a technical problem. It was disheartening to read on public professional forums how people criticized Trump because he did not like Hispanics, or the Argentinian accent of the interpreter. Before attacking and criticizing, these colleagues should learn the basics of diplomatic interpreting: President Trump was listening in English the rendition by president Macri’s magnificent interpreter, who is a male and speaks with a British (not Argentinean) accent. President Trump’s fabulous interpreter, a female who speaks Spanish with an Argentinean accent, interprets into Spanish for President Macri. Your interpreter interprets what you say, not what the others say. That is the protocol in diplomatic interpreting. The words in Spanish these misinformed interpreters heard during the broadcast when Trump states he understood Macri better in “his language” were by Trump’s interpreter interpreting Trumps remarks about the equipment during president Macri’s words interpreted into English for Trump by Macri’s male interpreter. As for who hired these interpreters; all experienced interpreters, diplomatic or not, know that presidential (and diplomatic interpreters in general) are not retained as an interpreter is hired to do a court hearing or a parent-teacher conference. These interpreters have ample experience in conference and diplomatic interpreting, they have meet academic and skill requirements, passed tests and evaluations, and have been granted security clearance. Usually they are full-time staff interpreters working for their government, or very experienced, trusted independent contractors with a long history of assignments and missions working for their government. Court certification is irrelevant for this work, so the comments about that issue merit no further elaboration. Finally, just like presidents have little to do with the direct supervision of a state dinner, they have even less involvement on the interpreting equipment used for a particular event. These are the links to the English and Spanish versions of the video that clearly depict what I just described: https://m.youtube.com/watch?feature=YouTube.be&v=9qN2Cf0FnP8

https://YouTube.be/PWPom4j8H8Y This is the link to the White House transcript of the full remarks by both presidents: https://whitehouse.gov/briefings-statements/remarks-president-trump-president-macri-argentine-republic-bilateral-meeting/

Dear friends and colleagues, these attacks, criticism, comments, etcetera, hurt our profession. Few things are more damaging to a profession than its own members’ attacks out in the open for all to see. This happens when some interpreters use social media either to criticize just because they enjoy doing so, or to advance their own career and reputation by pointing out things they would never do. These unfortunate remarks are always harmful, but when uttered with no knowledge or foundation, as it was in this case and many others, it is even worse. The interpreters who follow this practice and post all kinds of irresponsible comments put in evidence their lack of professionalism and build and invisible wall around them, isolating them from any top-tier interpreters and their clients.

The final point I wanted to make concerns mixing our own personal lives and political opinions with our professional image as interpreters. Few people in the world are as polarizing as Donald Trump and Mauricio Macri. Some people love them, others cannot stand them. I have no problem with that. The thing that concerns me is that many interpreters in Argentina and the United States made this a political issue. It always worries me when an interpreter pours his or her political opinions in a professional forum, chatroom, or tweet. As professionals we should separate them both. Please make all political statements and give all political opinions you want, but do it in your personal Tweeter, Instagram, and Facebook accounts; Do not post it in your professional social media or in any group forums or chatrooms you belong to, more so if they are open to the public. We do not know what our clients’ political opinions are, as we do not need to; even if our clients’ opinions match ours, we do not know how they feel about hiring an interpreter so opinionated in social media.

Because we do not know how an agency, or even other interpreters feel about our opinions, or about voicing them in professional forums, we should keep them private, in our personal social media. I occasionally post some funny stuff about topics and issues I disagree with, but I do it in my personal social media. I have never issued a political opinion for or against anything in my professional social media as I consider it unprofessional. I have these tools to educate, inform, promote, and influence issues related to the profession. That is why I limit myself to criticize and expose government entities, multinational agencies, bad practices, and legislation that hurts or could hurt the profession and my fellow interpreter and translator colleagues. That is valid in a professional forum. I now invite you to share your thoughts on this important issue.

We must come together as a profession on this issue.

September 17, 2018 § 2 Comments

Dear colleagues:

Imagine having to support a family when you are unemployed, poor, desperate, living in a country torn by war, ruled by a despot.  Then one day, somebody tells you that, because you speak a foreign language, you can become an interpreter for a foreign army. You are told that you will be paid for that service, and after the war, this foreign government will take you and your family to their country where you will be safe from retaliation, and will live a better life. Those of us living in a western nation cannot even imagine that situation, much less the ray of hope it means to many humans who live in that reality. This is the story, and the dilemma, of a conflict-zone interpreter.

You just noticed that today’s post is about interpreters in conflict zones. Please do not go away! I know most of you access this blog to read and debate topics related to conference, court, healthcare or community interpreting. Today please read this post from beginning to end, show your determination to defend the profession, and do something that will make you feel good as a human.

Throughout history, explorers, conquerors, traders, religious missionaries, and all others who found themselves in a foreign land where they did not understand the local language have used interpreters to accomplish their mission. Often, these interpreters have been local individuals who spoke both, the foreign and domestic languages, and with no formal training, but armed with their natural skills, and some powerful motivation, provided their able services even when it meant risking their lives and the lives of their loved ones. From Malintzin to Squanto, Boubou Penda to Luis de Torres, these interpreters, our colleagues, have contributed to the history of civilization providing a bridge that made communication possible when peoples did not speak the same language.

These interpreters have been essential in all armed conflicts: invasions, liberations, occupations, and peace negotiations. Many in recent history, like the Navajo Code-Talkers who serve the United States armed forces during World War II. Others, anonymously participating in conflict zones like Vietnam, Operation Desert Storm, and the Bosnian War.

Western nations have benefited, and still do, of the services of interpreters in conflict zones who assist military forces and civilian contractors in places like Africa and the Middle East.

From the start of the war in Afghanistan, and the U.S.-led invasion of Iraq, western nations participating in those conflicts scouted those two countries looking for local women and men who spoke the local language and that of the western country. The United States, United Kingdom, Canada, Australia, Spain, France, and others, recruited bilingual individuals, often with a professional education background (doctors, teachers, engineers) who had no employment due to the armed conflict or because of their political opinions, ethnic group, or religious beliefs. Some had openly opposed the local regimes and were personae non gratae in the eyes of the despot in charge of government, others quietly disagreed with the way their countries were governed, afraid to say anything the authorities could perceive as treacherous. Others’ sole motivation was to feed their families.

All these courageous humans knew what they were risking by helping the West. Besides the tremendous danger of being in a theater of operations in Iraq and Afghanistan where they could be killed during a fire exchange, and ambush, or by an improvised explosive device (IED), they knew the consequences if caught. Their execution, and that of their immediate family members was a reality they faced every day the worked with the foreign armed forces and independent defense contractors in their countries.  These were (and are) brave and courageous individuals. They also knew that all armed conflicts have a beginning and an end. They recognized the dangers they would face after the foreign troops left their countries. They knew their families, even if not involved in the armed conflict, would face the same consequences. To stay behind after the Western armed forces left would be a death sentence.

The United States and all of its allies were aware of this reality. They knew the only way to recruit much needed interpreters and translators was promising they would not be left behind. These conflict zone interpreters got assurances from the western governments they served that when the time to withdraw their troops came, they, and their immediate families would be taken to their countries to start a new life free from death threats and other retaliatory actions. In other words: conflict zone interpreters agreed to provide their services and the western nations promised they would take them to the United States, United Kingdom, Canada, Australia, Spain, France, and all other countries to use interpreting services for military and civilian personnel.  As we know, the troops withdrew from these countries, but many interpreters continue to wait for an entry visa to the country that promised to take them. Interpreters have been admitted to these western countries, but it has been a fraction. Many of those who have moved to their new countries endured a lengthy and cumbersome process. During this time, as expected, many conflict zones interpreters, and their family members, have been executed as traitors back home while waiting for a visa.

These interpreters, our colleagues, did their part, they rendered the service facing tremendous risk and unimaginable working conditions. They were essential to accomplish a mission; through their work they saved many western and local lives.  The West has not honored its word.

This is not a political post, and I am not arguing for or against the admission of refugees in any country. I understand there are very solid arguments for and against admitting refugees. I am not endorsing or condemning the armed conflicts in Afghanistan and Iraq either. Solely this post invites you all, interpreters and translators worldwide, regardless of your political persuasion, religious beliefs, or immigration stands, to join to protect the profession by supporting our conflict zone colleagues, just like attorneys help each other, as Marines leave no one behind. We need to raise our voice and tell the governments of those western nations who made a promise to these interpreters when they needed them, to walk the walk and deliver. We need them to know that we know, and we need to push for an expedient visa issuance system for these colleagues. Countries who break promises look bad and lose credibility. Interpreters who believed their promise continue to die while government authorities drag their feet motivated by politics instead of integrity.

Through my work as a civilian interpreter with the armed forces and defense contractors, and as an interpreter trainer, I have met several military and conflict zone interpreters who have served in different places. I have heard from them some horror stories of killings, kidnappings, rapes, and beatings. I have gotten to know many as friends and colleagues. I have met their families. I have also heard the tales of those less-fortunate still risking their lives while they wait for an answer from the West.

I also recognize the amazing, tireless, work of Red T, its compassionate and courageous CEO Maya Hess who I have the privilege to know personally, and the professional associations that support its efforts and share its values: The International Association of Conference Interpreters (AIIC) The International Federation of Translators (FIT) and many of its member organizations; The International Association of Professional Translators and Interpreters (IAPTI); Critical Link International, The International Council for the Development of Community Interpreting (CLI); and the World Association for Sign Language Interpreters (WASLI). Some time ago during the IAPTI Congress in Bordeaux France, I had the opportunity to hear Maya’s passionate description of their efforts to raise awareness and to get a United Nations declaration of legal and physical protection for translators and interpreters in conflict zones. On that occasion, she was joined by another fighter for protecting these colleagues: Linda Fitchett, Chair, Conflict Zone Group, AIIC. Just this Spring I had the opportunity to hear Maya once again, this time in Zaragoza Spain during ASETRAD Congress where she spoke before a big crowd of interpreters and translators, and was joined by some conflict zone interpreters for a round table discussion. On that occasion, ASETRAD conferred honorary membership to Red T. To learn more about Red T and to support their campaigns, please visit: www.red-t.org

My motivation to write this post at this time has to do with the Congressional elections in the United States this November. On November 6, Americans will vote to elect one third of the members of the U.S. Senate (according to the U.S. Constitution, the Senate renews its membership one-third at a time every two years) and for all the members of the House of Representatives. Political campaigns just started last week and all candidates will visit your hometown, attend townhall meetings, debate their opponents, pay attention to your phone calls, and read your mail.

This is the time to tell your senators and representatives running for office that as a professional interpreter or translator, and as an American who values your country’s word and promises, that you want them to pass an increase on Special Immigrant Visa numbers (SIV) for conflict zone interpreters and their families, and to expedite the visa processing times, at least to comply with the nine-month limit in the books which has not been observed. During the last 2 years the number of SIV approvals has declined and the process has seen considerable delays. The official argument is the security background checks. It is understandable and desirable that the government carefully review case by case, but it is also necessary that authorities consider previous background checks and past performance. Remember, these interpreters already worked with members of the U.S. Armed Forces and risked their lives to do their job. Please call the candidates’ campaign headquarters, your Senate and Congressional Offices back home and in Washington, D.C., and support our colleagues. I guarantee you will feel better afterwards.

Regardless of where you live, contact your U.S. Representative. Remember: They are all up for reelection. Please contact your Senate candidates if you live in these States:

Arizona

California

Connecticut

Delaware

Florida

Hawaii

Indiana,

Maine,

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Jersey

New Mexico

New York

North Dakota

Ohio,

Pennsylvania

Rhode Island

Tennessee

Texas

Utah

Vermont

Virginia,

Washington

West Virginia

Wisconsin

Wyoming

To contact the U.S. House of Representatives, go to https://www.house.gov/representatives

To contact the U.S. Senate, visit: https://www.senate.gov/reference/

If you do not leave in the United States, please contact the office of your President, Prime Minister, or Head of Government. You can also visit Red T to sign the petitions.

Remembering that no political debate will be allowed, I now invite you to share with you your experiences as a conflict zone interpreter, or your ideas on how to press Congress and foreign governments to live up to their promise to our colleagues: the conflict zone interpreters.

Interpreter fees and antitrust legislation and policy worldwide.

February 5, 2018 § 10 Comments

Dear friends and colleagues:

I am about to deal with a very touchy, delicate, dangerous, and polarizing issue. For this reason, I want to begin this post by clarifying that I have always observed all antitrust legislation, domestic, foreign, and international, everywhere I have worked, spoken, and in any other way practiced any professional activity. In no way I intend to encourage, suggest, hint, or in any other way provoke the desire to break any antitrust legislation anywhere in the world; and even though I may intellectually and philosophically disagree with part of the antitrust policy and legislation, I am firmly committed to fully obey the law if it remains as is.

Once the above is very clear, I would like to revisit this issue that most colleagues usually dodge, and perhaps for good reason. My intention here is to inform my colleagues about the legislation and policy about agreeing as professional service providers to set professional fees. There is a lot of misinformation, and urban legends around. I hope this piece contributes to dissipate some, and to raise awareness on the situation we have and what can be legally done to enact change, if you really want that.

My motivation to write about this issue came from some news I got about certain events in the Czech Republic, where apparently UOHS, the local Czech antitrust authority initiated proceedings against Jednota tlumocniku a prekladatelu (JTP) the main professional association of interpreters and translators in that country, because of the publication of recommended minimum rates for translation and interpreting professional services on their internal journal (reaching about 500 members) arguing there could be a potential violation of Czech antitrust legislation. Shortly after this happened, JTP settled with the authorities and withdrew said recommended rates with an agreement to abstain from publishing them again.

Czech legislation is very similar to prevailing legislation in the European Union, the United States and elsewhere, prohibiting “…agreements (including decisions of associations) containing provisions on direct or indirect price fixing or other business terms and conditions…” This legislation takes generally adopted terminology when it states on a later paragraph that: “… The prohibition… shall not apply to agreements (that) do not afford… the possibility of eliminating competition in respect to a substantial part of the market…”

I sympathize with all my interpreter and translator colleagues in the Czech Republic. I have often questioned the moral justification and ultimate purpose of all antitrust legislation. It comes to us as a gift from the past when legislation such as this was needed to protect regular citizens from colluded corporations and tolerant governments. We could argue those days are gone; that antitrust legislation is necessary in certain cases, but rarely when it comes to a regular individual trying to earn a living selling goods or providing a service as a freelancer.

Unfortunately, moral considerations also encompass our duty to respect and obey the law, in the understanding that if we dislike it, or disagree with it, we must pursue change by legal means such as lobbying for (in this case) more realistic legislation that reflects the reality of life in the 21st century. Disregarding the law, even if we deem it wrong is not the best answer to solve a problem.

Let’s look at the pieces of legislation widely applied throughout the world, that serve as a model for practically all antitrust legislation.

First, a very important concept difficult to understand (and accept):

Long arm of the law:

In the United States, a Long Arm Statute is a statute allowing a state to exercise personal jurisdiction over a non-resident defendant with certain contacts with the state.

Black’s Law Dictionary: It is a term where a law of a state gives its courts jurisdiction over people and property outside the state.

The United States subscribes to this legal theory and constantly exercises it, and applies to acts and individuals throughout the world. To properly exercise long-arm jurisdiction over a non-resident defendant, the plaintiff’s cause of action must also arise out of one (or more) of the enumerated bases for jurisdiction set out by the state’s long-arm statute. Some of the most common instances include buying, selling, producing, or transporting goods to, from, or through U.S. territory; dealing with people or corporations with some contact with the United States (even if minimum). If country “A” sells a product to country “B”, and the product is transported on a plane or vessel in possession of a registration under country “C”, but the vessel uses American fuel to transport the goods, all parties from countries “A”, “B”, and “C” are under U.S. jurisdiction because of “the long arm of the law” theory. The same happens when a translator from the Czech Republic or elsewhere translates a document used in the United States, even if the direct client is from a third country, and according to more recent tendencies, even if the only contact with the U.S. was that said product was advertised on line using an American internet provider or a platform such as Google, Microsoft or Apple.

Even if a non-resident defendant is subject to personal jurisdiction under a state’s long arm statute, a court within the forum state may not exercise jurisdiction over that defendant if doing so would violate the Due Process Clause of the US Constitution. To satisfy the Due Process Clause, the defendant’s contacts with the state must be so it would “not offend traditional notions of fair play and substantial justice” to require the defendant to litigate in the forum. Courts in the U.S., the European Union and elsewhere have determined that satisfying the requirements on the examples above, and affording the defendant a court hearing will comply with such legal requirements.

The Sherman Act

The main antitrust legislation in the United States, and the oldest (still current) antitrust legislation worldwide is the Sherman Act from the United States. It describes what conduct “Involves” import commerce, and gives the FTAIA and Justice Department main authority to deal with antitrust investigations and prosecution. It does not bar Sherman Act claims that “involve import commerce.” Several courts have recently been asked to consider what sort of “involvement” with import commerce is sufficient. The Third Circuit in Animal Science Products rejected the notion that the “import commerce” exception is limited to physical importers of goods, thus, it applies to service providers like interpreters and translators. The court defined conduct “involving import commerce” as conduct “directed at” or “targeted at” the U.S. import market. Although the original Minn-Chem Seventh Circuit panel agreed with this approach, neither court gave clear guidance on how to apply this standard.

Is a subjective intent to harm the U.S. import market required? Or is it sufficient to allege a global conspiracy to fix prices or set production limits that had as a consequence (as opposed to its focus or target) higher U.S. import prices? The DOJ’s view is that the FTAIA requires no subjective intent to harm U.S. import commerce and that a price-fixing conspiracy involves U.S. import commerce even “if the conspirators set prices for products sold around the world (so long as the agreement includes products sold into the United States) and even if only a relatively small proportion or dollar amount of the price fixed goods were sold into the United States.”  [Minn-Chem Inc. v. Agrium Inc., No. 10-1712, Brief for the United States and the Federal Trade Commission as amici curiae in support of neither party on rehearing en banc (Jan. 12, 2012), at pp. 19] Remember the example of the vessel above.

We can conclude that in the current environment, foreign companies involved in the manufacture or distribution of products (goods and services) outside the United States can no longer assume that the U.S. antitrust laws do not apply to their activities. This is an evolving area of the law with substantial uncertainty. It will take time for these issues to be sorted out in the courts and for clarity to emerge regarding the extraterritorial reach of the U.S. antitrust laws. Until then, a case-by-case analysis will be required to properly assess foreign companies’ potential exposure to criminal penalties (significant fines and jail sentences) and civil damages for violations of the U.S. antitrust laws. Because litigation before American courts is very costly, and the losing party is not required, as a matter of law, to pay for the legal expenses of the prevailing party, defendants often settle their cases and abstain from violating antitrust legislation before reaching a final resolution. This was the case of the American Translators Association (ATA) an association incorporated in the United States. ATA had a “Rate Guidelines Committee” (RGC) that once a year published a list of fees it recommended translators consider. It is possible that said rates (or fees) were reprinted by other professional associations of translators. In 1990 some interpreter and translator professional associations in the United States became the target of antitrust investigation by the Federal Trade Commission (FTC). By 1994 at least two of the organizations: “The American Association of Language Specialists” (TAALS) and the “American Society of Interpreters” (ASI) had signed consent decrees in which the press reported they agreed, among other points, to halt any meetings at which two of those present mentioned rates or fees. After two years of investigation, and significant money spent in defending the association, ATA was notified by the FTC in March 1994 that the investigation had been closed. ATA had approved an strict antitrust policy seven months before the FTC investigation, and this probably contributed to the decision to close the inquiry.  In closing the case, the FTC issued a statement indicating that the closure did not mean that a violation had not occurred. The Commission also reserved the right to “…take such further action as the public interest may require…” Three years later, the FTC issued a cease-and-desist order to the International Association of Conference Interpreters (AIIC) after finding AIIC in violation of U.S. antitrust law. The association also chose a settlement obligating them to abstain from discussing fees (or rates) in public.

US versus EU Antitrust Law

Regarding Antitrust Law, the similarities on both sides of the Atlantic outweigh the remaining differences by far. This holds true, at any rate, today, after more than 100 years of legal development.

The central difference was initially that the relevant U.S.-American law is much older. The Sherman Act dates from 1890, the Clayton Act, which introduced merger control, from 1914 (with a significant improvement by the Celler-Kefauver Act in 1950). These laws were not only existent on paper. They were rigorously enforced in practice. National competition laws in Europe developed mainly after the Second World War. Their development was triggered by introducing the rules on competition in the European Community in 1958. The latter induced many of the Member States, e.g. Italy, to introduce laws against restraints of competition for the first time.

A difference between the legal systems lies in the role of the state. In the USA, antitrust is a matter for private actors. In Europe, the role of the state was inevitably involved. This was due to the extensive involvement of the state in the economy

A common feature of the competition law regimes on both sides of the Atlantic is that they claim for themselves a wide international reach (long arm of the law). It suffices that a restraint of competition has effects within their own territory, regardless of where and by what enterprise it is effected (“effects doctrine” or “extraterritorial application of competition law”). A difference lies in the U.S. Antitrust Law’s better ability to assert itself: Uncle Sam has a very long arm. This is due to the USA usually making up half of the “world-wide market”. No globally acting enterprise can afford not to be present on the U.S.-American market. This inexorably leads to the result it can be caught by the American jurisdiction with no strain. Translators, interpreters, and professional interpreter and translator associations must know of this before taking any action.

Regarding the procedure, both legal systems build upon a rule of law, which is more pronounced in the United States than in Europe. A remarkable difference consists in the fact that in the USA, approximately 75% of all antitrust cases are brought by way of private enforcement

Under American civil procedure law, the American rule prevails. I.e., a defendant wrongly sued has to bear his own legal costs. The unsuccessful plaintiff need not reimburse them. This creates a significant potential for threat in the hands of an economically strong plaintiff. The civil procedure can mutate into an instrument for restraining competition. Just imagine a case between IAPTI and the U.S. Department of Justice. The deepest pockets will prevail.

European Union

Czech Republic and all members of the EU must comply with EU antitrust policy and legislation.

European antitrust policy is developed from two central rules set out in the Treaty on the Functioning of the European Union:

First, Article 101 of the Treaty prohibits agreements between two or more independent market operators which restrict competition. This provision covers both horizontal agreements (between actual or potential competitors operating at the same level of the supply chain) and vertical agreements (between firms operating at different levels, i.e. agreement between a manufacturer and its distributor). Only limited exceptions are provided for in the general prohibition. The most flagrant example of illegal conduct infringing Article 101 is the creation of a cartel between competitors, which may involve price-fixing and/or market sharing.

Second, Article 102 of the Treaty prohibits firms that hold a dominant position on a given market to abuse that position, for example by charging unfair prices, by limiting production, or by refusing to innovate to the prejudice of consumers.

The Commission is empowered by the Treaty to apply these rules and has several investigative powers (e.g. inspection at business and non-business premises, written requests for information, etc.). The Commission may impose fines on undertakings which violate the EU antitrust rules.

National Competition Authorities (NCAs) are empowered to apply Articles 101 and 102 of the Treaty fully, to ensure that competition is not distorted or restricted. National courts may also apply these provisions to protect the individual rights conferred on citizens by the Treaty. Building on these achievements, the communication on ten years of antitrust enforcement identified further areas to create a common competition enforcement area in the EU.

As part of the overall enforcement of EU competition law, the Commission has also developed and implemented a policy on applying EU competition law to actions for damages before national courts. It also cooperates with national courts to ensure that EU competition rules are applied coherently throughout the EU.

Best Practices on Cooperation in Merger Investigations

The revised Best Practices include an expanded section on remedies and settlements that details cooperation throughout the remedial process, emphasizing that early and frequent cooperation in this phase is important to avoid inconsistent or conflicting remedies, especially when remedies may include an up-front buyer and/or Phase I remedy in the EU. The revised Best Practices also underscore the critical role that the parties play in ensuring effective cooperation in this phase, including timely coordination of their remedy proposals with the reviewing agencies to allow for meaningful cooperation before either agency decides. Besides avoiding the risk of inconsistent or conflicting remedies, such meaningful cooperation in the remedial phase can cause the acceptance of common remedy proposals or even the appointment of common trustees or monitors, which is in both the agencies’ and the parties’ interest.

Recognizing that legal professional privileges differ between the U.S. and the EU, how are in-house counsel communications protections maintained once waivers of confidentiality are granted? The Best Practices note that the agencies will accept a stipulation in parties’ waivers given to DG Competition that excludes from the scope of the waiver evidence properly identified by the parties as and qualifies for the in-house counsel privilege under U.S. law. This is only an example of the European Union accommodating U.S. legislation in antitrust matters. There are other instances.

Antitrust legislation in Latin America

There has been antitrust law in some of the Latin American countries for many years. Brazil was the first to have such a law, but for many years enforcement was desultory. Then in the 1980s and 1990s scores of other countries around the world enacted or strengthened their antitrust laws, and this included Latin American jurisdictions such as Argentina, Chile, Colombia, Costa Rica, Mexico and others.

A few jurisdictions had become fairly consistent in enforcing their antitrust laws, including Brazil and Mexico.

Continuing with the reforms, the new authorities of the Argentine Antitrust Commission (the “Antitrust Commission“) released a draft of the new Antitrust Law, which seeks to bring Argentina into line with the international experience in this matter: The Ley de Defensa de la Competencia (As far as I know) passed in the lower chamber when the diputados voted for it, and it is pending approval by the Senate. Among the reforms envisaged are:

Tougher sanctions, increasing fines up to 30% of turnover associated with products or services involved in the anti-competitive act; The creation of a National Antitrust Authority as a decentralized and self-governing body within the national executive branch, in replacement of the Antitrust Commission and of the Secretary of Commerce; The facilitation of private actions for damages against violators of the law; and the creation of a National Antitrust Court of Appeals to replace the uncertainty on which Court of Appeals is competent regarding antitrust matters.

The long arm of the law theory, and current practices and cooperation of all major international players, including the United States, European Union, and others will make it almost impossible to go against current policy and legislation. There is a great likelihood that many complaints will go to the U.S. courts because of the high cost of litigation and the absence of any legal basis for the losing party to pay for prevailing party’s legal fees and costs.

A Private Citizen’s Freedom of Speech.

Individuals may exercise their freedom of speech and speak, write, publish, and in any other way disseminate their opposition to legislation and policy. It will take a change of heart by the authorities, and current cultural values, to change this legislation and bring it to the reality of solo practitioners trying to make a living in the 21st. century. I now invite you to share your thoughts on this issue, remembering that no comment suggesting fees or rates will be included in this blog.

Will my clients find me in this association’s directory?

April 17, 2017 § 10 Comments

Dear Colleagues:

I am tired of getting this call repeatedly: “Hi, I got your name from the ATA directory and I was wondering if you would be available for a medical evaluation (or a worker’s compensation hearing) this Friday…”

Maybe those providing the service would be happy with these calls, but I am not.  Every time I must answer the phone to tell somebody I don’t do that work, and that I refuse to work for peanuts, is a waste of my time.  I do conference interpreting and I don’t like to explain two or three times a week I do not work for fifty dollars an hour.

For years I have almost exclusively worked as a conference interpreter, doing some court or legal interpreting for established Law Firms I regularly work with, generally in civil cases or some federal criminal matters.  Motivated by ATA’s outreach campaign regarding the credentialed interpreter designation and database, I thought that maybe, if I clarified it on the ATA directory that my credentials are United States Department of State Conference-level, and Federal court certification, all these people would stop calling asking me to do work that I do not provide.

I have been an ATA member for many years, and even though the association does many things I am very much against, I also get many benefits from my membership: a monthly publication with some very good articles, a discount on my errors and omissions insurance, good divisional activities, valuable webinars, and a well-known directory.

I logged in to the members section of the website to update my information and take advantage of the new credentialed interpreters’ database in their directory. This happened:

I must start by confessing that I rarely access ATA’s website, so I found it a little bit too crowded; maybe appealing to translators, but I believe it could be a little intimidating for clients looking for an interpreter or translator. After I accessed the “members” section, I looked for a section called “Interpreters’ credentials”, or something similar, but I found nothing. I clicked on the menu where it says “update your contact information” and “update your online directory profile”.

As I got to the profile section, all my information was already there (so I had entered it before). I did not need to change anything. Since I was already inside the program, I reviewed it anyway to see if I needed to make any changes. When I got to the “Interpreting Services” section, I saw that I had previously highlighted “consecutive”, “court”, “escort”, and “simultaneous”. Since I saw a “court” category, I scrolled down to see if I could also highlight “conference”, but the only category left for me to highlight was “sign language”. I thought it was odd. On one hand, if all you are listing are the interpreting you do, then “court” does not belong in here. If they added “court” to make the search easier for the clients, then I would like to see “conference” as an option. I suppose that healthcare interpreters would argue the same for their specialization.

Under the “Certifications” section, I entered my federal court interpreter and my two state-level court interpreter certifications from the drop down menu. I saw nothing for other credentials that are not certifications, but equally important, such as AIIC, U.S. Department of State, European Union, etc. The menu had another category: “other” where I entered my conference interpreting credentials, constantly wondering why I could not find the so much talked about “credentialed interpreter” menu for the new database ATA has been advertising so much. I thought the reason the place to enter that information was somewhere else, perhaps later on the form, was because these other credentials are not certifications and ATA had included them separately.

I kept looking, and my search only found a different category towards the end of the page called: “Additional Information”. That was it. No other place to enter conference interpreter credentials. Knowing I would not get what I wanted, I tested the directory, so I looked myself up. On a simple search I found my information, not as advertised with the credentialed interpreter information, but as I had entered it earlier. I immediately thought of the unwanted agency phone calls that would keep on coming as before.

I ran an advanced search just for English<>Spanish interpreters in Illinois, where I live, asking for State Department conference-level credentials, and the result was “we found none”.  I found this interesting, so I dug deeper to see if there was a problem with the directory search engine. The first thing I tried was a search for interpreters with that same language combination and credentials in the largest state: California. I know several colleagues there with the credentials and are members of ATA. The result was: “we found none”.

At this time I decided that maybe it was a glitch on the search engine, but before concluding that, I wanted to see if I had missed the section where you enter these credentials. I went over the form two more times and I found nothing. At this point I am thinking that maybe I needed to submit my credentials for a verification before the information was displayed, so I went back to the form once again. I read it carefully looking for some instructions or description of such process. I found nothing.

I did the only thing left: I went to the search menu at the top of the page and I typed: “credentialed interpreter process”. The search took me to a page with all the results. At the top I saw one that looked like the information I was looking for, so I clicked on it.

I finally found the explanations and instructions, with a link to a form to start the process. The first thing the program asks you to do is to reenter your ATA membership information. Once you are in the form, you are greeted by a message in red that tells you to submit a separate form for each credential and that you must pay $35.00 USD. As an attorney I must confess that although the red-inked message clarifies that one fee covers all requests, it is ambiguous on a second matter: it reads: “A $35-administrative fee covers all requests for one year.”  I did not understand if this means that for your information to continue to be available indefinitely you must pay $35.00 USD every year, or that any request filed after twelve months is no longer covered by the initial $35.00 USD fee and therefore you must pay again for the new credential.  Finally, I also learned that the process could take up to something like forty days.

After reading this, I stopped for a minute and reflected on what I was about to do: I was ready to send $35.00 USD to ATA (with my documentation) to be a part of this new database, but so far I had had a miserable time looking for, and finding any colleagues with the desired credentials; so far I had found zero conference interpreters. I even had a difficult time finding the instructions to get my credentials reviewed.  My friends, I am pretty active on social media, and even though I am not a computer genius, I am resourceful. Can you imagine how tough it would be for a regular individual looking for an interpreter to navigate through these? Even if I do this, send the documents, pay the fee, and wait the forty days, will my clients find me?

I concluded that I had to do more research first, so I did.

I went back to the directory and tested it:

I did this trying to think like a client and not like an interpreter or an ATA member. The first thing I noticed was that to look for an interpreter, the person doing the search must go through the translators’ section of the advanced search; they must scroll down passing through a section with very confusing questions for somebody who, let’s say, wants to hire an interpreter for a marketing conference at the Marriott downtown. Without being an interpreter, I would not know what to do when asked to indicate if I want an ATA certified or non-certified translator, or what translation tools I will need. As a client, even before reaching the interpreter questions, I would probably close the page and look for a conference interpreter in Google or somewhere else.

Since I had already tried Illinois and California with a result of zero interpreters, I looked first for any conference interpreters with an English<>Spanish combination, with a U.S. Department of State Conference-Level credential in New York State. The result was: none. Then I did the same thing for Washington, D.C. (where most conference interpreters live) Again there were zero. I got the same result in Florida and Texas. Next, I searched the same states for any interpreters with the same combination, but with the AIIC membership credential. The result was: nobody. I considered doing the same for every state in the Union, but (fortunately) I decided against it. Instead, I looked for any conference interpreters with any credential and living anywhere in the world. The result was: 2 interpreters. One U.S. Department of State Seminary-Level colleague in the United States, and one AIIC member in Argentina!

Based on these results, I looked for interpreters in all listed categories. I found this: Under certified court interpreters I found 10 colleagues. Under Healthcare certified I found 4 (2 were also listed as part of the 10 court certified). Under conference credentials I found 2 (one of them is also one of the 11 under court certified). I found 1 telephonic interpreter (also found under another category), and I found zero sign language interpreters.  Looking for simultaneous interpreters I found 10, under escort interpreters I saw there are 9, and as consecutive interpreters they have 14. As expected, all interpreters under the modes of interpretation categories are the same ones listed by specialization. I also noticed that some interpreters I found in this group are ATA Board members.

The page also asks the person doing the search to state if they are looking for a “consecutive, court, escort, sign language, simultaneous, or telephonic” interpreter. My relevant question was stated before in this post, but it is worth repeating for another reason: If I am a client looking for a conference interpreter, how can I find one under this criteria? Ordinary people do not know that conference interpreters do simultaneous interpreting. Even worse, they also do consecutive interpreting in many events such as press conferences for example.

If people we deal with regularly have a hard time referring to consecutive or simultaneous interpreting by their correct name, why would everyday people looking for a conference interpreter know who they need based on this question? If ATA included “court”, and even “telephonic”, they should include conference. Once again, I am sure my healthcare interpreter colleagues want to be heard here as well.

After reviewing the directory my decision was simple. Why would I want to pay $35.00 USD, and perhaps wait up to forty days, to be part of a directory listing a microscopic portion of the interpreting community? Should I encourage my clients to look for a credentialed conference interpreter in a directory that does not even list us as an option, and flatly ignores conference interpreting in their most common questions section, where all explanations and examples are geared to court and telephonic interpreting? And why as interpreters should we reward the work of an association that continues to treat us as second-class professionals by including the interpreter search criteria after the translator search options, instead of having two separate search pages: one for interpreters and one for translators to make it easier for our clients, and to give some respect to the many interpreters who are ATA members? There is no excuse or justification for this.

I know there are plenty of capable people at the helm of the American Translators Association whom I know and respect as friends and colleagues. I also appreciate many of the good things they do for the profession, but at this time, for all these reasons, until we interpreters get from ATA what we deserve as a profession: Unless the search criteria and credentialed interpreter designation process is as prominently displayed on the website as is the translators’ certification; and only when the search criteria addresses the conference interpreter community on a client-oriented, user-friendly platform, I will stay away from the “advanced-options” directory. I hope this post is welcomed as constructive criticism, and as the voice of many interpreters all over the world. It is not meant as an attack on anybody; it is just an honest opinion and a professional suggestion from the interpreters’ perspective. I now invite you to share with the rest of us your thoughts about such an important issue for all interpreters and for the image of ATA.

If it is team interpreting, why are so many flying solo?

August 1, 2016 § 6 Comments

Dear Colleagues:

The last couple of months have brought to the forefront of my professional environment a frequently discussed, but rarely solved, issue: team interpreting.

Many of our court interpreter colleagues in the American southwest are presently fighting a battle against the uninformed government officials of that state’s Administrative Office of the Courts, for the very survival of our profession as we know it, and as it should be. They are fighting for essential elements of their professional practice such as clear and coherent payment practices, minimum guaranteed work hours, the use of legally certified court interpreters instead of paraprofessionals drafted sometimes from the ranks of those who failed the certification exam, and to have people with interpreting experience in the decision-making positions within the state government.

Talking to some of them, I noticed another concerning policy spelled out in a written communication from a state government official to the interpreters: A statement affirming a puzzling rule of the New Mexico Judiciary Court Interpreter Standards of Practice and Payment Policies, indicating that there would only be team interpreting when a hearing was scheduled to last over two hours. This is the text of said “standard of practice”:

“For court proceedings lasting less than two (2) hours, the court may appoint one (1) spoken language interpreter but the court shall allow the court interpreter to take breaks approximately every thirty (30) minutes.”  

Two hours!

In other words, neither the quality of the rendition nor the health of the interpreter are compromised as long as the interpreter “is allowed” by the judge to take a bathroom break every thirty minutes. And this rule is not an isolated case. There are plenty of states that follow the same “standards”, and there are other state court systems where they assign two interpreters for a long hearing or a trial, but in the understanding that the second interpreter will be available to cover other assignments during the thirty minutes when they are not actively interpreting.  Once again, we notice these government officials’ total lack of understanding of the team interpreting concept.

In fact, the Executive Office for Immigration Review (EOIR) follows the same criteria in immigration court, where a solo rendition of a credible fear hearing could take all day without ever switching interpreters. It must be those magical bathroom breaks that the judge may allow every thirty minutes.

The problem, however, is not exclusive to the public sector, or to the United States for that matter.  I know many interpreters who will gladly agree to provide their services for a deposition without even asking about a second interpreter.  I have heard many colleagues in Europe and South America say that there is no team interpreting in a consecutive rendition.  Many of these colleagues do not even question the rationale behind such an assertion.  I guess the brain does not get tired during consecutive interpreting.

I know consecutive interpreting is as exhausting as a simultaneous rendition. I learned it the hard way many years ago when I made the horrendous mistake of taking an assignment to provide interpreting services during a series of depositions that were going to take place in Mexico for two weeks.  The pay was good and it was an interesting case with challenging vocabulary, so off we went to this town where a mining accident had occurred.  Besides me, the American team included three attorneys, two paralegals, two court reporters, and a camera operator to record the proceedings on video.  The days were long, sometimes over ten hours a day. On some days we would go to the mine where I had to interpret while climbing and descending inside the mountain. It was dangerous, and it was exhausting. There were times when by the end of the day I could not even move my mouth to utter the rendition. My brain had lost all command power over the movement of my mouth.  Of course I immediately understood why there were two court reporters: the hours were long and the work was very demanding. It was at that time that I made a mental note to always request team interpreting in all depositions and reject the ones where the agency, insurance company, or the attorneys were so cheap that they would not agree to pay for a team.

For the most part this policy has worked for many years. Sure, I had some bumps here and there, like the time when a financial specialist in a big law firm from the west coast sent me a check for one half of the time invoiced because: “…since there were two interpreters in the room, you just worked fifty percent of the time…”  Fortunately for everybody, that case had a happy ending. You see, lawyers who are used to team interpreting for a deposition know why they need two of us. I just called one of the attorneys, told her about the little incident, and my check for one hundred percent of my fee arrived two days later. The financial specialist learned what we do as interpreters and never made the same mistake again.

Dear colleagues, it has been proven that for quality and health reasons, interpreters need to take a break from the active role every thirty minutes or so. It is also widely accepted that during a difficult speech or a complex subject matter, the role of the second interpreter is key to the success of the rendition. A 1998 study conducted at the École de Traduction et d’Interprétation at the University of Geneva, demonstrated the effects of interpreting over increasing periods of time. The conclusion of the study was that an interpreter’s own judgment of output quality becomes unreliable after increased time on task. (Moser-Mercer, B., Kunzli, B., and Korac, M. 1998. “Prolonged turns in interpreting: Effects on quality, physiological and psychological stress.” University of Geneva, École de Traduction et d’Interprétation. Interpreting Vol. 3 (1), p. 47-64.)

The International Association of Conference Interpreters (AIIC) is the gold standard on working conditions for interpreters worldwide. Article 6 of its Professional Standards refers to team interpreting and it clearly states the following:

Article 6

Teams of Interpreters

Given the physical and mental fatigue that are caused by sustained concentration, certain constraints will necessarily apply to the composition of teams in order to guarantee that the work done will be of an optimum quality.

The minimum number of interpreters required to make up a team is a function of these constraints as well as the mode of interpretation, the number of languages used, the language classifications of the interpreters making up the team, the nature of the conference, its duration and the workload.

  1. Consecutive Interpretation
Number of languages used: Minimum number of interpreters:
Two languages into two         Two
Three languages into three     Three

Under exceptional circumstances and provided the principles of quality and health are taken into full consideration, it shall be possible to recruit just one interpreter instead of two or two interpreters instead of three.

  1. Whispered Interpretation

For a conference involving the interpretation of one or two languages into one other language and where there are no more than two listeners, whether or not consecutive interpretation is provided in the other direction, at least two interpreters shall be required.

  1. Simultaneous Interpretation

Teams of interpreters must be put together in such a way as to avoid the systematic use of relay. However, when there is no alternative to the use of relay for a given language, the team shall comprise at least two interpreters able to provide a relay from that language. In addition, if the relay is provided from a two-way booth, at least three interpreters shall work in that booth.

As a general rule, a team is composed of at least two interpreters per language and per booth. This is to ensure adequate coverage of all language combinations and to guarantee the necessary quality.

The number of interpretation booths is the same as the number of target languages, except for the case of two-language conferences where a single booth may suffice.

See Team Strength Table below.

Team strength table for simultaneous interpretation in booths

Number of languages used in the conference room Number of booths Number of interpreters (1)
One-language conference:

into one other language

into two other languages

… (2)

1

2

2*

4

Two-language conference:

into one of the languages used

into both languages used

into three languages (2+1)

into four languages (2+2)

… (2)

1

1 or 2

3

4

2*

3**

5

7

Three-language conference:

into one of the languages used

into two of the languages used

into all three languages used

into four languages (3+1)

into five languages (3+2)

… (2)

1

2

3

4

5

2

3

5***

7

9

Four-language conference:

into one of the languages used

into two of the languages used

into three of the languages used

into all four languages

into five languages (4+1)

into six languages (4+2)

… (2)

1

2

3

4

5

6

2

4

6

8***

10

12

Five-language conference

into one of the languages used

into two of the languages used

into three of the languages used

into four of the languages used

into all five languages used

into six languages (5+1)

into seven languages (5+2)

… (2)

1

2

3

4

5

6

7

2

4

6

8

10

12

14

 

Notes on the Team Strength Table

(1) This number shall be increased if:

  • the language combinations are such that the minimum number of interpreters shown on the table is insufficient to cover them;
  • the working hours are long;
  • the conference involves the presentation of a large number of written statements or is of a technical or scientific nature requiring extensive preparation.

(2) And so on: each booth working non-stop must have at least two interpreters. Moreover, in the case of relay via a two-way booth, such booth shall have at least three interpreters.

* An interpreter shall not, as a general rule, work alone in a simultaneous interpretation booth, without the availability of a colleague to relieve her or him should the need arise.

** One of whom must be able to relieve each of the other two. In certain circumstances this number may be reduced to two (particularly for short meetings or meetings of a general nature, provided that each of the two interpreters can work into both languages).

*** Under certain circumstances and providing the principles of quality and health are fully respected, this number may be reduced by one (short meetings or meetings of a general nature)…”

We can see how team interpreting is necessary in all scenarios, not just simultaneous interpreting. Moreover, in a way, court interpreting can be more difficult than conference interpreting because it is hard to hear what the speakers say and sometimes they are not very articulated.  For this reason, the National Association of Judiciary Interpreters and Translators of the United States (NAJIT) has issued a position paper that states in part:

“…It is unrealistic to expect interpreters to maintain high accuracy rates for hours, or days, at a time without relief. If interpreters work without relief in proceedings lasting more than 30-45 minutes, the ability to continue to provide a consistently accurate translation may be compromised… Like a marathon runner who must maintain liquid intake at regular intervals during the race and not wait until thirst sets in, an interpreter needs regular breaks to ward off processing fatigue, after which the mental faculties would be impaired. Team interpreting allows the active interpreter to remain mentally fresh, while the support interpreter takes on other functions that would lead the active interpreter to cognitive overload…”

Moreover, regarding Sign Language interpreting, the National Consortium of Interpreter Education Centers of the United States Department of Education issued a paper in 2010 stating the following:

“…Research has confirmed the physical challenges that sign language interpreters face when they work alone for long periods of time. The professional association has long been concerned that the proper ergonomic conditions, including the use of two interpreters who alternate interpreting, be implemented for the physical health of sign language interpreters. According to the Registry of Interpreters for the Deaf (RID), all sign language interpreters are at risk of developing some kind of Repetitive Stress Injury (RSI) during their careers, and if ignored, RSI can develop into a permanent disability… There are many things interpreters can do to prevent RSI and key among those is to work in teams…”

The Registry of Interpreters for the Deaf (RID) also has a Standard Practice Paper (SPP) that reads:

“Team interpreting is the utilization of two or more interpreters who support each other to meet the needs of a particular communication situation. Depending on both the needs of the participants and agreement between the interpreters, responsibilities of the individual team members can be rotated and feedback may be exchanged…”

As interpreters, we have two fundamental concerns: The quality of our service, and our career. Team interpreting is essential to protect them both.

If we want to be around, working at the highest level in our profession, we cannot agree to working conditions where team interpreting is not provided.  We cannot turn our heads the other way when an agency offers a lengthy job with the expectation of having one interpreter.

As always, there will be mediocre paraprofessionals who will accept these solo assignments, offered by bottom-feeder agencies, because these individuals are not qualified to work for those at the top.  Unfortunately, we will continue to see how, out of fear or cowardice, somewhat good interpreters will provide their services to government agencies and direct clients whose only priority is to pay as little as possible without regard for the quality of the job.

The formula to success is the same one we apply all the time: Without wasting our time on the (hopeless) usual interpreter abusers, we need to educate our direct clients, government officials, and reputable interpreting agencies.  We need to explain to them the value of team interpreting and we must show them the difference. Those with a brain will buy the team interpreting concept immediately.

It is extremely important that we stop working for those who insult us with solo assignments, even after we explained to them the value of not working alone.  We cannot make any exceptions. I am never offered a conference assignment without team interpreting, and all federal courthouses in the United States where I have interpreted have always provided team work for trials and long hearings.

It is true that every now and then I get a phone call from an agency offering me a deposition, but it is also true that if I ask them about team interpreting, and they say that it is a solo assignment, I always turn them down.  Remember, you do not need many clients, you just need good ones.

I hope that next time that a court interpreter coordinator or an agency representative contacts you for a lengthy assignment and asks you to work alone, you will explain the reasons why that is not a wise decision, and if necessary, you will quote the position papers and standards mentioned above, I hope you will succeed in changing the mindset of those who as of today ignore these basic aspects of our profession.

I also hope that when you sincerely try as hard as you can, and you fail to convince that individual sitting across the table, or at the other end of the telephone line, you will have the professional attitude to walk away with dignity and turn down their job offer.  I now invite you to share with us your personal experiences with team interpreting.

A professional interpreters’ association or an employment agency?

November 17, 2015 § 11 Comments

Dear Colleagues:

A few weeks ago I started a controversial debate among interpreters and translators that made me think of one of the bigger challenges that we will ever face on our quest for professionalization: To think, act, and react as individual professionals who are trying to advance recognition, remuneration, and understanding of what we do for living.

When a colleague who works for the government suggested that the American Translators’ Association (ATA) should start a “government division” for interpreter and translator members to have a place to communicate, and learn from government agencies what they want from us in order to get work, I immediately got this extremely uncomfortable feeling that we were about to sell ourselves cheap once again; that the hated premise that we are under the client (turned employer, turned master) was going to be the basis of a debate where individual colleagues would decide not if they were going to jump or not, but just how high.

As fast as I could, I went on social media to point out this enormous danger, and from all my concerns, the only thing that most people picked up was the matter of the name that the new division would get: Instead of debating (and rejecting) the notion of having a government division, our colleagues discussed a name for a division that apparently was instantaneously accepted as a reality.  Agreeing with my rationale, those participating in the discussion saw the absurdity of vanishing all interpreters and translators from the name-description of the group by naming this entity “government division” and seemed more inclined to go with a “more inclusive” name. (I learned later that ATA bylaws will not even allow for a vote against the creation of such a monstrosity: To reject the idea we would need to amend the bylaws).

Unfortunately, the fundamental principle that makes such a division an absurdity went undetected. Let me explain:

ATA, like all interpreter and translator associations, are professional groups for the benefit of individual members to protect, disseminate, and advance the profession and the individuals providing the service.  As such, a professional association must clearly define who is one of us (a member), and who is not (clients, third parties, government officials). Once this has been established, the organization can do its work looking after the quality of the professional service, promoting educational opportunities, and defending the interests of its members.

The process above puts the professional association, and its members, in an advantageous position to sit down, individually or collectively depending on each situation, to negotiate professional services’ conditions with the counterpart: clients, agencies, government officials, and others.  All of these actors are active participants in the process, but none of them share the same interests or perspective of the professional interpreter or translator.  This is the purpose of a professional association. This is the only way that interpreters and translators can be considered, viewed, and treated as professionals instead of laborers.  An association with an organizational model where interpreters and translators commingle with the people who sit across the table can be many things, but it will never be a professional association.

For years I have defended our services as the type that only professionals can provide. I have fought for recognition at the level of an attorney, a physician and an engineer.  All of these professions have professional associations that follow the model I described above. None of them would even dream of having a format which included their counterpart in their organization.  Medical doctors deal with pharmaceuticals, government officials, and insurance companies every day; yet, none of these entities are part of the American Medical Association (http://www.ama-assn.org/ama/pub/about-ama.page?)  Attorneys work with court systems everywhere, they deal with government agencies and police departments, credit institutions, and many others. Nobody, unless that person is an attorney, can be part of the American Bar Association (http://www.americanbar.org/about_the_aba.html) Our very own AIIC groups professional conference interpreters worldwide and it does not include agencies, government officials, or international organizations as members (http://aiic.net/page/6757/about-aiic/lang/1)  By the way, none of them allows “corporate memberships” either. A corporation cannot be a professional, it does not go to college or pass a certification exam. By definition, only human beings can be professionals. Other membership categories can be explained away by associations, but never justified. A professional association cannot become a place where young professionals go to be indoctrinated on the principles of being a good “language service provider to the industry”. We are a profession, not an industry. Professional organizations work to protect their members, profession, working conditions, ethics and quality of the service. They are never job fairs where people play a dating game with multinational agencies who want your services in exchange for rock-bottom fees and humiliating conditions far from the minimum standards acceptable for a profession.

The “government (or whatever the final name may be) division” is a serious blow to the professional recognition of interpreters and translators by clients and intermediaries because it perpetuates the idea that we are subservient to a specific entity; that we do not view the government as a client.  That we are willing, and eager, to fulfill all of their conditions so they can give us some work, regardless of the shameful terms and awful fees.  I fully reject this mindset. Dealing from weakness devaluates us as individuals and diminishes the profession. If we want to be government contractors, let’s have a special group of interpreters and translators where we can brainstorm and exchange experiences. This would be a place where professionals get stronger before going out there to negotiate with government officials. The time and place to deal with government agencies is across the table as counterparts, not within the organization as fellow members. We do not need them to tell us what is acceptable and what is not. We must let them know what are the minimum conditions we are willing to negotiate from, and let’s treat them as clients, respectfully but firmly. Always as equals.  Until we are ready to adopt this attitude, we will stay where we are, and we will quickly move to the place where the counterpart wants us to be: a hole full of blind obedience and compliance.  Some of us will never walk down that pathway, but many will. I now invite you to share your thoughts on this crucial subject that could impact the rest of your careers.

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