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.
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.
January 15, 2018 § 4 Comments
Most professional, dedicated, court interpreters in Europe and the United States are constantly fighting against the establishment: government authorities who want to dodge the responsibility of administering justice to all, regardless of the language they speak, by procuring a warm body next to the litigant in the courtroom regardless of the skill and knowledge of the individual; ignorant and egotistical judges who believe they know everything about language access and interpreting, and make absurd decisions, when they know less about our profession than anyone else in the room; bilingual lawyers who cannot tell the difference between being a professional interpreter and speaking a second language with limited proficiency; monolingual attorneys who believe interpreting is easy and interpreters are only an intransigent bunch demanding nonsensical work conditions (like team interpreting) and get paid for what they do more than they deserve; and of course, greedy unscrupulous agencies who spend most of their time trying to figure out two things: How to pay interpreters less, and how to sell a mediocre paraprofessional low fee foreign-language speaker to their clients.
There are exceptions everywhere and in some latitudes court interpreting can be performed at a high quality level (even though, in my opinion, most court interpreters are still getting paid very little compared to the other actors in a court proceeding such as attorneys, expert witnesses, and judges), but there are no places, that I know of, at least in the United States, where you can find the support, understanding, and respect I found in Mexico during their transition from written court proceedings to oral trials where interpreters play a more relevant role they ever did under the old system.
During the last two years I have attended many conferences, meetings, one-on-one interviews, where I have talked to the parties invested in the system about the work court interpreters do, the need for some quality control process such as an accreditation or certification of the professional court interpreter, the non-negotiable principle that interpreters must make a professional fee that will let them have the lifestyle they may choose and will retain them as practitioners of the interpreting profession, and the work conditions for the professional court interpreter to provide the expected service. I have had many memorable experiences, and I will share with you those that I consider essential turning points in the design of the court interpreting profession in Mexico.
For the past two years I have attended the “Taller de profesionalización de los servicios de interpretación de Lengua de Señas Mexicana en el ámbito jurídico” (Professionalization of Mexican Sign Language legal interpreting services workshop), the brain child of Mexico’s federal judge Honorable María del Carmen Carreón, who has done more for the court interpreting profession than any person I know who is not an interpreter. Judge Carreón and her team organized these workshops that bring together Mexican Sign Language interpreters from all over the Mexican Republic, the most influential Sign Language Interpreter professional associations in the country, legal and language scholars, attorneys from all fields, and judges from all levels and jurisdictions: from Federal Supreme Court Justices and State Supreme Court Justices, to federal and state criminal, civil, family, administrative, and electoral judges.
These participants meet for three days at different locations: courthouses and universities, to learn from each other, and exchange ideas on how to make it easier for court interpreters so they can fulfill their role in the administration of justice to all individuals, regardless of the language they speak. The new court interpreting manual I recently published results from this extraordinary professional relationship that has developed among my co-authors: Judge Carreón and Daniel Maya, president of the largest professional association of Sign Language interpreters in Mexico, and me (Manual del Intérprete Judicial en México, Carreón, Rosado, Maya. Editorial Tirant Lo Blanch).
During these trips, I have witnessed the willingness of all parties to learn the new system together, I heard often about the commitment to a good professional fee for those interpreters who get a court interpreter patent as a “perito” (equivalent to a certification or accreditation in other countries), and I saw a system with a new culture of cooperation where interpreters getting materials and full access to a case will be the rule and not the exception. I saw how all actors understand the need for team interpreting without even questioning the reasons behind this universally accepted policy. I heard judges telling interpreters to come to them with their suggestions and requests, and lawyers who want to learn how to work with the interpreter. Our manual has been presented before many institutions, including courthouses and attorneys’ forums to standing room only.
It was at one workshop, and through Judge Carreón, that I met Mexico City Civil Court Judge Eliseo Juan Hernández Villaverde and Mexico City Family Court Judge Teófilo Abdo Kuri. Both judges graciously invited me to their courtrooms so I could observe how the oral proceedings are being carried under the new legislation, and to have a dialogue on court interpreters’ best practices so our Mexican colleagues can provide their service under close to ideal conditions.
At their respective courtrooms I met their staff and I saw how everyone was treated with dignity and respect. After fruitful talks with both judges, I observed the proceedings, and afterwards met with the judges to physically suggest changes to the courtroom to make it more “interpreter-friendly” to both: sign and spoken language interpreters. To my surprise, these suggestions were welcomed immediately, and Judge Hernández Villaverde rearranged the courtroom right on the spot, in my presence, to make sure that everything was as suggested. Finally, it was agreed that court interpreters and those studying interpreting will have regular visits to their courtrooms where they will observe proceedings and after the hearing can ask questions to the judges.
A major factor in the success that Mexico is enjoying, is due to the absence of irresponsible interpreting agencies that hire a high school level “coordinator” to recruit paraprofessionals and convince them to work for a fee (they call rate) that will seem good to them (compared to their minimum wage job prior to becoming an “interpreter”) but would be insulting and disrespectful to any professional interpreter charging the professional fees that their service commands.
There are some in Mexico, judges, attorneys, and interpreters, who are not fully on board, but they are not stopping the new culture. They are not killing the excitement and willingness of all parties to grow professionally in the new legal system the country has adopted. There are many things to do, but an environment fosters the achievement of those goals.
I hope that me sharing the situation of the court interpreting profession in Mexico can inspire many of us in other countries and legal systems, and teach us to keep fighting for what is right without ever giving up in our dealings with the judiciary, and to never give in to the insulting conditions offered by those who want to see us as an “industry” instead of a profession. I now invite you to share with the rest of us your goals and achievements within your courthouses or hospitals (for healthcare interpreters).
May 1, 2017 § 3 Comments
Many of us have devoted years to the struggle to achieve recognition towards the professionalization of what we do. In most countries, interpreters need not have a college degree, the occupation is highly unregulated, and society lacks the knowledge to demand a high-quality professional service. An important number of countries have exercised to a degree some control over who can interpret in certain fields: legal and healthcare interpreting now requires of a certification in several countries. Whether it is called certification, patent, license, or anything else, this is an important step towards professionalization. It is a way to compensate the lack of formal education by giving individuals a chance to demonstrate that they have the minimum skills to practice as interpreters. It reminds me of the beginnings of other now well-established professions. Two centuries ago, people in the United States could become lawyers by passing the State Bar without having to attend Law School.
Although certification does not guarantee the quality of a rendition, it allows the user to decide if an individual is at least minimally qualified to provide the service. This quality-control becomes very valuable to society, but we must be very careful as it is not always what it should.
All professions certify, admit to practice, or something to that effect, their members in one of two legitimate ways: By an administrative act sanctioned by a government because of passing a knowledge and skills test, or, by an administrative act sanctioned by the individual’s peers through a professional association because of passing a knowledge and skills test.
In the United States, and other countries, court interpreters acquire their certification through the former system, while healthcare interpreters get their credential through the latter.
Both systems work fine because they meet the requirements that guarantee an unbiased decision solely based on merit, not self-serving reasons. Besides meeting certain moral and legal requirements, this is achieved by passing a scientifically developed exam rated by an impartial qualified jury. Certifications can only be universally accepted and recognized when they come from such a process. For this reason court and healthcare certifications have become the standard of the profession in many countries.
Unfortunately, because of the lack of legislation, the high demand for inexpensive interpreter services, lack of knowledge by the potential client, and the existence of paraprofessional interpreters willing to work for next to nothing for their quality-absent services, have created a perfect storm for worthless so-called “certifications” that currently inhabit the market in the darker corners of the ugly face of interpreting, feeding themselves on the ignorance, fear, and cowardice of the pariahs of this profession.
Many language agencies advertise their interpreters as “certified” because they have been tested online or by phone and passed an unscientific exam not developed to learn if an applicant is prepared with the minimum professional skills to do the job. Instead, the motivation behind these “exams” has to do with marketing the service, and protecting the agency if a lawsuit occurs caused by the incompetence of their so-called “certified interpreters”. No data is available on the science behind their exams, and there is no information on the quality and impartiality of those rating the examinees.
It gets even worse: many community interpreting, telephonic interpreting, and supposedly healthcare and legal interpreting agencies advertise as “certified” interpreters individuals who attended a workshop, took a class online, read a manual, or went to a class without even taking an exam! The website of one agency brags about the “training” of their “certified” interpreters taught “national ethics and standards of practice for interpreters” in the United States. The problem is there is not such a thing. Each field has its own code of ethics. It also claims that their “certified” interpreters, who apparently work in legal situations, get “…basic skills pre-session preparation…” and they also get skills on “…closing the session…” These are no doubt important issues in healthcare interpreting, but not even the terminology exists in legal interpreting. I wonder how this knowledge, or learning “information on community systems (K-12 schools…)” will show that an interpreter is ready to work in a courtroom, detention center, or law office. Some brag about the number of training hours they offer to their interpreters, but they do not require that they pass an exam; much less a real scientific exam like the ones real certified interpreters must pass. Most of the training hours are devoted to practices to protect the agency from liability, to make the business plan more profitable. Whether they require an online test or just a bunch of classroom hours on a curriculum they created, they have as their main goal to create this impression that their interpreters are certified. They never disclose that their certifications are not officially recognized, that their exams were not scientifically developed, or that they have a vested interest: to offer the paraprofessional services of these “certified” interpreters at a lower cost so they can profit more.
This is not the only problem, dear friends and colleagues, official government policy can also be the main obstacle faced by interpreter certification. I was contacted some time ago by the government of a country outside the United States. Mexico’s legal reforms took the country from a written court system to an adversarial oral system similar to the one in the U.S.
I was asked to participate in a training program for the new court interpreters for the oral proceedings. I was told this curriculum was necessary for these interpreters to get ready to pass a (certification) test and get what Mexico’s legislation calls a court interpreter patent (same as the certification in the United States, or the licensing in Texas). I was asked to provide may documents and information, even to develop a prospective curriculum and bibliography for my portion of the training (8 hours a day, Monday through Friday for three weeks). The full program was supposed to have a duration of three months at the same pace, and it was to be taught on the campus of the largest college in that Mexican State (Mexico is divided in States just like the United States of America).
After months of negotiations, where I made many concessions regarding the money I would be paid, and my expense account during the three weeks I would be living in that city, and after agreeing to cover my own airfare, to get these young prospective court interpreters what they needed to have a successful and meaningful career, the government officials continued to ask for more documents and concessions, until I gave them an ultimatum. At the end the answer was the one I feared all along: They would not retain me for the program because I was too expensive, but also, because I was a foreigner. They decided that only locals could teach the program. I have no problem with the local talent, and I know some of the other instructors and I vouch for their skill and expertise. The thing that puzzled me was that out of all the instructors, I was the only one who was both: interpreter and attorney, and I was the only one with experience working as an interpreter in court. The decision from above, taken by people who know little, or nothing, about court interpreters, left the certification program for that Mexican State with no court experienced instructors.
In the present world where a college education for interpreters is still years away in many countries, interpreter certification programs play a huge role in advancing the career and protecting the user of the interpreting services. Society must know of these malicious self-serving “certification programs” that are roaming out there with no supervision or regulation. It is imperative that more colleagues get certified as court and healthcare interpreters in the countries, and languages, that the credential is offered. On June 1, of this year, my colleague Javier Castillo Jr. and I have prepared a four-day workshop to prepare those who will be taking the oral portion of the court interpreter federal exam in the United States at the University of North Carolina in Charlotte this summer. The workshop will also help those taking court interpreter oral exams at the State-level, as we will dissect the test, explain what matters to get a passing score, and will practice with tailor-made exercises designed for these workshops you will find nowhere else, so that when the four-day program ends, those who took the course can get a personalized evaluation and know exactly what to do to pass the test. (You can get more information by going to www.fciceprep.com)
As you can see, the road to professionalization is full of obstacles, and some need to be eliminated to get the needed recognition to those legitimate certifications. I now invite you to share with the rest of us your comments on this issue.
January 5, 2017 § 7 Comments
2016 was a great year for many of us. Quite a few of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) are willing to pay for what they need but are looking for the best service at the best possible price. The question is: How do we adapt to reality, keep up with technology, and improve our service? The answer is complex and it includes many different issues that have to be addressed. Today, at the dawn of a new year, the time for planning activities, and programming agendas, we will concentrate on one of them: Professional development.
It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpreting and state-of-the-art technology. In other words, we need to be better interpreters. We need to study, we have to practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we need to attend professional conferences.
I personally find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you find out what is happening out there in the very competitive world of interpreting. Fortunately there are many professional conferences all year long and all over the world. Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries. Unfortunately there are so many attractive conferences and we have to pick and choose where to go. I understand that some of you may decide to attend one conference per year or maybe your policy is to go to conferences that are offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there. I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.
Because this is impossible, I decided to share with all of you the 2017 conferences that I am determined to attend:
The International Association of Professional Translators and Interpreters (IAPTI) Annual Conference in Buenos Aires, Argentina (April 22-23). I go to this conference because it is IAPTI. Because it is about us, the interpreters and translators! This conference, and this organization for that matter, presents a unique point of view of our profession that I consider priceless. It is the only international conference of this size where there are no corporate sponsors. All you see is translators and interpreters like you. Some of the results of this innovative approach are that the conference attracts a very important group of colleagues that stay away from other events because they are bothered by the corporate presence. This is the conference to attend if you want to learn how to deal with agencies, corporate clients and governments, because the absence of all those other players fosters this dialogue. You can attend the presentations and workshops knowing that no presenter is there to sell you anything and that is fun to have at least once a year. Extra added bonus: Beautiful Buenos Aires! I am personally delighted that IAPTI decided to take its conference to Latin America where so many colleagues need these events.
The National Association of Judiciary Interpreters and Translators (NAJIT) Annual Conference in Washington, D.C. (May 19-21) I am determined to be in Washington, D.C. in May for the largest judiciary and legal interpreter and translator gathering anywhere in the world. This conference lets me have an accurate idea of the changes in this area that is so important for our profession in the United States. It is a unique event because everybody shares the same field and you get to see and network with colleagues that do not attend other non-court interpreting conferences. Extra added bonus: As the capital of the United States, Washington, D.C. offers interpreters and translators the opportunity to physically see where it all happens: the government institutions and agencies, monuments, museums, and the federal court system: History and the law!
International Federation of Translators (FIT) XXI World Congress in Brisbane, Australia (August 3-5) This is an excellent event to attend for several reasons: It is an international meeting of professionals who actually live all over the world. There are other big events where interpreters and translators from many countries get together, but most of them live in the United States or the United Kingdom; at the FIT World Congress most of the professionals attending the event will be coming from their respective countries, bringing along different perspectives, points of view, and first-hand information on the status of the profession somewhere different from the country where you live. Extra added bonus: Despite the long trip for most of us, the central theme of the congress is “Disruption and Diversification”. Enough said: This are issues that affect all of us and should be near and dear to the heart of all professional interpreters and translators.
XXI Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 25-26) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from an unprecedented success during their XX Congress, the 2017 edition will surely have workshops and presentations in varied, useful, and trending topics. This is the activity to attend this year for those colleagues who work with the Spanish language. Extra added bonus: The Congress is held in the same venue (Expo Guadalajara) and at the same time as the International Book Fair, one of the largest in the Spanish language world. Besides the professional sessions, attendees can also stroll up and down the immense fairgrounds a purchase some books, listen to some or the most renowned authors in the world, or just window shop in between sessions.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition. That advantage might be what you learned at one of these conferences, or whom you met while at the convention. Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2017.
December 29, 2016 § 9 Comments
Now that 2016 is coming to an end and we are working towards a fruitful and meaningful 2017, it is time to assess what we learned during the past 12 months. As interpreters we are constantly learning, and from talking to many of my colleagues, 2016 was no exception. The year that ends gave me once again the opportunity to work with magnificent interpreters and many of my dearest colleagues.
Our profession had some positive developments this year: In the United States, the National Association of Judiciary Interpreters and Translators (NAJIT) and in Mexico the Organización Mexicana de Traductores (Mexican Translators Association, OMT) held very successful conferences in San Antonio, Texas and Guadalajara, Mexico respectively. In April I attended the Sixth Latin American Translation and Interpreting Congress in Buenos Aires, Argentina where some of the best professionals gathered to learn and share experiences in a high-quality, professional environment. I also had the opportunity to participate in other professional conferences and seminars of tremendous level where I was honored to share some experiences and exchange ideas with many professional colleagues. Thank you to all my colleagues who attended my presentations, workshops and seminars in Cancún, Toronto, Mexico City, Buenos Aires, Querétaro, Las Vegas, San Antonio, Lima, Salt Lake City, Chicago, Pachuca, Phoenix, Ohrid, Beirut, and Guadalajara. It was a pleasure to spend some time with all of you in 2016.
The year that ends in a few days saw the growth of our profession in the healthcare and media fields, where we currently have more and better prepared professional certified interpreters than ever before. I also noticed the growth of our profession in Africa where our friends and colleagues held several professional events, and 2017 promises to be even better. And just this week we learned that, after many months, our Vietnamese court interpreter friends and colleagues in Melbourne, Australia Magistrates’ Court won their hard fought battle against the system and an opportunist contractor and are finally going to be paid a decent professional fee under favorable work conditions.
Unfortunately, not everything was good. Our immigration court interpreter colleagues in the United States continued their fight against mediocrity and misdirected greed with SOSi, the contractor selected by the U.S. federal government to be the sole provider of interpreting services in all immigration courts of the United States. 2016 was the year when this contractor took working conditions and the quality of interpreting services to an all-time unprecedented low. Some professional associations, individual judges, and attorneys have voiced their objections to this practices, but not much has changed. The war is far from over, and these colleagues should use the Melbourne Australia success story as a source of motivation.
Our colleagues in the American immigration courts are not alone in their struggle, the Workers’ Compensation Court interpreters of California, state-level court interpreters in New Mexico, and other court interpreters in some American east coast states are also fighting against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and others. Some European countries, like Spain and the United Kingdom, are under siege by governments that want to lower the quality of translation and interpreting services in the legal arena to unimaginable levels of incompetence.
Interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards and creating questionable certification programs, the multi-national language agencies continued to push telephone interpreting whenever, and wherever they can, offering rock-bottom per minute fees to the interpreters. A handful of translators attempted to disrupt one of the top professional translator and interpreter associations in the world because they refused to understand the legal system where the association was incorporated, wanted to advance a personal agenda, and in a way that raises deep concerns, attacked the association because of the national origin of its board. The year was also marked by many efforts to distract, and perhaps mislead interpreters and translators, through carefully crafted conferences, webinars, publications and other events where some renowned colleagues, for reasons unknown to me, addressed our peers with a new carefully planned tactic that consists on making interpreters and translators believe that the agency is on their side by softening the rhetoric, showing some cosmetic empathy, and advancing their low fee, low quality service agenda on a stealth way.
Of course, we also had our “regulars” just like every single year: 2016 was full of para-interpreters trying to “take over” the market by charging laughable fees under shameful working conditions in exchange for miserable services. As you can see, much changed and much stayed the same. I choose to think that there were more good things than bad ones, but I continue to be aware of the awesome problems we still face as a profession from threats that come from without and within. I now invite you to share with the rest of us your learned lessons (good and bad) of 2016. I wish a Happy and Productive New Year to all my friends and colleagues!
December 16, 2016 § 1 Comment
It has been a great year full of professional activity. I have been honored with your preference for this interpreting blog where we explore all facets of our craft and other disciplines and events that help us improve our services while advancing the profession. We will continue to tackle these issues in 2017, but for the next two weeks I will try to get into the Christmas/End of the Year spirit with a couple of posts that I hope contribute to the season’s mood while providing some useful information at the same time. Today, I will go back to a theme that seems to be quite popular every year: “Las Posadas”.
Every year when December comes along I find myself answering questions from friends and acquaintances about how Latin America, and specifically Mexico, celebrate the holiday season. American friends who want to organize a celebration for their children, school teachers who are staging the festivities for the school play, community center activists who want to celebrate the season with a cultural event, come to me to learn about the traditions, food, celebrations, and vocabulary. Because this year has not been different, I decided to repost one of my most popular articles where I write about the most Mexican of these traditions: The posada. In Mexico the fiestas decembrinas begin unofficially with the day of Our Lady of Guadalupe, and last through January 6 when they celebrate the Día de Reyes (Three Kings Day) but the festivities are in full swing with the beginning of the posadas. Mexicans celebrate the posadas every evening from December 16 to 24. They actually started as a Catholic novenario (nine days of religious observance based on the nine months that María carried Jesus in her womb). The posadas re-enact Mary and Joseph’s journey from Nazareth to Bethlehem in search of shelter; the word posada means “lodging” in Spanish.
Traditionally, a party is held each night in a neighborhood home. At dusk, guests gather outside the house with children who sometimes dress as shepherds, angels and even Mary and Joseph. An “angel” leads the procession, followed by Mary and Joseph or by participants carrying their images. The adults follow, carrying lighted candles.
The “pilgrims” sing a litany asking for shelter, and the hosts sing a reply, finally opening the doors to the guests and offering Mexican traditional Christmas dishes such as hot ponche, a drink of tejocotes (a Mexican fruit that tastes like an apricot/apple) guavas, oranges, sugar cane, and cinnamon mixed and simmered in hot water and served with rum or brandy; fried crisp Mexican cookies known as buñuelos, steaming hot tamales, a staple of the Mexican diet since pre-Hispanic days, and other festive foods.
Spanish priest and chronicler Bernardino de Sahagún observed that the first thing Aztec women did when preparing a festival was to make lots of tamales: tamales with amaranth leaves for the fire god Xiuhtecuhtli, tamales with beans and chiles for the jaguar god Tezcatlipoca, shrimp and chile sauce tamales for the ancient deity Huehuetéotl. Besides tamales stuffed with turkey meat, beans and chiles, the Aztecs used what they harvested from the shores of Lake Texcoco, including fish and frogs, to fill tamales. Sahagún tells us that pocket-gopher tamales were “always tasty, savory, of very pleasing odor.” The Maya also produced artistic, elaborate tamales; toasted squash seeds and flowers, meat, fish, fowl, and beans were all used as fillings. Deer meat, especially the heart, was favored for special offerings. Besides being steamed, tamales were roasted on the comal (grill) or baked in the pib, or pit oven.
Finally, after everybody ate and had fun, the party ends with a piñata. In some places, the last posada, held on Christmas Eve (December 24) is followed by midnight Catholic mass, a tradition that lives on in countless Mexican towns.
These are the lyrics to the traditional posada litany. I have included the original Spanish lyrics and a widely accepted English translation that rimes with the tune. Now you can sing the litany in Spanish or in English at your next posada, or even better, have a bilingual posada and sing the litany twice.
|Outside Singers||Inside Response||Outside Singers||Inside Response|
|En el nombre del cielo
os pido posada
pues no puede andar
mi esposa amada.
|Aquí no es mesón,
Yo no debo abrir,
no sea algún tunante.
|In the name of Heaven
I beg you for lodging,
for she cannot walk
my beloved wife.
|This is not an inn
so keep going
I cannot open
you may be a rogue.
|No seas inhumano,
que el Dios de los cielos
te lo premiará.
|Ya se pueden ir
y no molestar
porque si me enfado
os voy a apalear.
|Don’t be inhuman;
Have mercy on us.
The God of the heavens
will reward you for it.
|You can go on now
and don’t bother us,
because if I become annoyed
I’ll give you a trashing.
yo soy carpintero
de nombre José.
|No me importa el nombre,
pues que yo les digo
que no hemos de abrir.
|We are worn out
coming from Nazareth.
I am a carpenter,
Joseph by name.
|I don’t care about your name:
Let me sleep,
because I already told you
we shall not open up.
|Posada te pide,
por sólo una noche
la Reina del Cielo.
|Pues si es una reina
quien lo solicita,
¿cómo es que de noche
anda tan solita?
|I’m asking you for lodging
dear man of the house
Just for one night
for the Queen of Heaven.
|Well, if it’s a queen
who solicits it,
why is it at night
that she travels so alone?
|Mi esposa es María,
es Reina del Cielo
y madre va a ser
del Divino Verbo.
|¿Eres tú José?
¿Tu esposa es María?
no los conocía.
|My wife is Mary
She’s the Queen of Heaven
and she’s going to be the mother
of the Divine Word.
|Are you Joseph?
Your wife is Mary?
I did not recognize you.
|Dios pague, señores,
y que os colme el cielo
|¡Dichosa la casa
que alberga este día
a la Virgen pura.
La hermosa María!
|May God pay, gentle folks,
and thus heaven heap
happiness upon you.
|Blessed is the house
that shelters this day
the pure Virgin,
the beautiful Mary.
|Upon opening the doors at the final stop, the tune changes, the pilgrims enter, and all sing these final verses in unison:|
|Entren, Santos Peregrinos,
reciban este rincón,
que aunque es pobre la morada,
os la doy de corazón.
|Enter, holy pilgrims,
receive this corner,
for though this dwelling is poor,
I offer it with all my heart.
|Oh, peregrina agraciada, oh, bellísima María. Yo te ofrezco el alma mía para que tengáis posada.||Oh, graced pilgrim,
oh, most beautiful Mary.
I offer you my soul
so you may have lodging.
Jesús, María y José,
el alma doy por ellos,
mi corazón también.
Jesus, Mary and Joseph,
I give my soul for them
And my heart as well.
|Cantemos con alegría
todos al considerar
que Jesús, José y María
nos vinieron a honrar.
|Let us sing with joy,
all bearing in mind
that Jesus, Joseph and Mary
honor us by having come.
I wish you all a happy holiday season, and thank you for reading this blog during 2016. Please feel free to contribute to this post by sharing some holiday traditions from your home countries.