January 24, 2019 § 3 Comments
2018 was a great year for many of us. Many 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) will pay for what they need but are looking for the best service at the best 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 issues. Like every January, 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. We need to be better interpreters. We must study, we must 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 must attend professional conferences.
I find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you discover what is happening out 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 must choose where to go. I understand that some of you may attend one conference per year or maybe your policy is to go to conferences 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 2019 conferences I am determined to attend. In other years I have attended more conferences than the ones on my list, last-minute changing circumstances and personal commitments let me go to events I had not planned to attend at the beginning of the year. Besides great content and first-class presenters, when I attend a conference, I consider other elements that, in my opinion, are as relevant as content and presenter quality. I do not attend conferences organized by entities (individuals or agencies) who strategically put together great content and top-notch presenters to attract interpreters for the purpose of directly or indirectly recruit them to work for low fees and deplorable work conditions. I do not go to conferences organized, or partly organized, by individuals or agencies well-known for paying low fees and treating interpreters as medieval serfs or commodities in their so-called “industry”. With one exception (and you can discover the reasons) I do not participate in conferences with side shows such as trade shows and corporate members who directly oppose the interests and well-being of professional interpreters and translators; and you will never find me at events co-sponsored by entities (individuals or agencies) who are attempting to create a favorable image in new markets to enter said markets and lower the standards by imposing their practices in the new countries they intend to profit from. My money will not go to these corporations and individuals, regardless of the show they bring to town. I will not do it.
As of today, the conferences I plan to attend this year are:
The First Africa International Translation Conference in Nairobi, Kenya (February 8-9). I will attend this conference because I want to be part of history and support the tremendous efforts of our often forgotten African colleagues. They have put together a program with excellent presenters, interesting topics, and the potential of networking with so many colleagues that do not go to many events in Europe or the United States. If you are an interpreter, translator, proof-reader, linguist, teacher, or you just love languages and cultures, this is an event you need to attend.
The Institute of Translation and Interpreting (ITI) Conference in Sheffield, U.K. (May 10-11). The ITI conference is the biggest professional conference for interpreters and translators in the United Kingdom. This event does not happen every year, and the two-year wait is worth it. Those who live in the United States should travel to Sheffield and hear presenters who do not travel to the events in the Americas. The conference will have a track dedicated to interpreting issues. You can also enjoy the invaluable experience of learning about the problems our colleagues are facing across the Atlantic, and hopefully learn from the strategy they resorted to solve a problem that could be similar (sometimes identical) to a situation we may be fighting in the United States at this time. I hope to see many of my American and European friends and colleagues at this event.
The National Association of Judiciary Interpreters and Translators (NAJIT) Conference in Nashville, TN (May 17-19). Because of the size of the event, and its content, NAJIT offers the premier conference for judiciary interpreters and translator, in the United States, and I dare to say anywhere. This event covers legal interpreting from all angles: court, out of court, ethics, business, domestic and international, and many others. It also deals with legal translation and transcription topics no other conference covers. The association went through a bumpy ride that in my opinion affected its credibility and ability to represent the common professional interests of the legal interpreter and translator community, but after a successful election, and with a new Board, that is now in the past. I am looking forward to a great conference in one of the most spectacular cities in the United States.
Quinto Encuentro Internacional de Traductores dentro de la Feria Universitaria del Libro (FUL) in Pachuca, Mexico (August 30-31). I have attended this conference from its inception and it is bigger and better every year. This conference centers on a topic every year and 2019 will offer interpreting and translation workshops and presentations related to human rights. I like this event because of the many students from several Mexican States. Most conferences are attended by professional colleagues with years of experience, but this “encuentro” is attended by bus loads of translation, interpreting, and other language-related colleges and universities from the hone-state of Hidalgo and surrounding States. It is also known for its broad coverage of issues rarely covered by other conferences such as indigenous languages, political rights, and others. The conference takes place within the International University Book Fair (FUL) and this gives it a unique atmosphere. If you live in Mexico, I encourage you to attend this event.
American Translators Association ATA 60 Conference in Palm Springs, CA (October 23-26). Every year, the American Translators Association puts the biggest show on earth. More presentations to choose from, more attendees, and a great chance to see old friends and make new ones. Besides the content of its presentations and workshops, this conference includes other events I am not a fan of under the same roof: they do a trade show and provide a space for many multinational agencies to approach and convince interpreters and translators to work for laughable fees and conditions. These sore spots should not keep professional interpreters from attending the honest academic portions of the event. To take advantage of the conference without being exposed to the many predators that attend every year in agencies, vendors, and “well-intentioned colleagues”, I pick my activities carefully, never losing sight of those in attendance who want to destroy our profession and turn it into an industry of commodities. With that warning, and despite the difficulties to reach Palm Springs for most of our colleagues from around the world, go to Palm Springs and enjoy the conference, vote for Board members who do not put corporate members over individual interpreters and translators, and have a great time with your friends.
XXIII Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 23-24) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from a very successful sold-out XXI Congress, the 2019 edition will 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, purchase books, listen to some or the most renowned authors in the world, or just window shop between sessions. Other events may appear from time to time, but this remains, by far, the premier translation and interpreting event in Mexico.
I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above. I also know of other very good conferences all over the world, some of the best are local, regional, and national events; others are specialized conferences tailored to a certain field of our profession. I would love to attend many but I cannot. Some of you will probably read this post in a group or website of an association whose conference I will not attend this year, you will probably see me at other conferences not even mentioned here; that is likely. To those I cannot attend this year: I wish you success and productive conferences. 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 conference, 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 2019.
December 27, 2018 § 16 Comments
Now that 2018 is ending and we are working towards a fruitful and meaningful 2019, 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, this year was packed with learning opportunities. In 2018 I worked with magnificent interpreters and many of my dearest colleagues.
Our profession had positive developments this year: The Spanish Division of the American Translators Association held a very successful conference in Miami, Florida, where those of us in attendance could see many friends and colleagues doing great things for our professions. It was an eye-opener to experience first hand how a professional conference organized by one of the divisions of the American Translators Association, working together with the Association of Translators and Interpreters of Florida (ATIF) and Florida International University (FIU), put together a conference we can unequivocally call professional, full of content, at an excellent venue, and attended by true professional interpreters and translators who could freely exchange opinions, attend workshops and presentations, and enjoy an environment free of predatory agencies, product pushers, and colleagues chasing after newcomers to convince them to work for insultingly low fees. Unlike the better-known ATA conference, this event truly felt like a professional conference, not a trade show. In fact, I invite all those Spanish language interpreters and translators who are ATA members, and think that the Fall conference is way too expensive, to attend this conference instead. In my opinion, if you have to decide between the ATA conference and the Spanish Division conference, it is a no-brainer: pick the smaller, more professional Spanish Division event.
Once again, the interpreting profession continues to advance in Mexico, as evidenced by the Organización Mexicana de Traductores’ (Mexican Translators Association, OMT) very successful conference in Guadalajara, The Autonomous University of Hidalgo’s University Book Fair and content-packed conference in Pachuca; and the every-year bigger and more successful court interpreter workshop and conference for Mexican Sign Language (LSM) that took place in Mexico City once again. The International Association of Professional Translators and Interpreters (IAPTI) took its world congress to Valencia, Spain for its best attended conference in history. Workshops and presentations were first-class, and as it is traditional with IAPTI, colleagues attending the conference had the opportunity to interact with their peers from around the world. The largest U.S. contingent attending a IAPTI conference to date, enjoyed the benefits of interacting with colleagues who literally live all over the world. They noticed the difference between attending a conference in the United States with interpreters and translators from many countries, all of them living in the U.S., and IAPTI where all of them live in their respective countries. The benefit you gain from talking to a Polish interpreter who lives in Poland enriches your personal knowledge of the profession more than speaking with a Polish interpreter who lives in New York City. Besides the characteristic IAPTI’s philosophy and agency-free conference, I was happy to see a well-balanced program full of Interpreting workshops and presentations. Finally, like every five years, the Asociación Española de Traductores, Intérpretes y Correctores (Spanish Association of Translators, Interpreters and Editors, ASETRAD) held its conference in Zaragoza, Spain. This congress was by far the best all-Spanish language conference of the year, and just as I do every five years, I invite all my Spanish speaking colleagues to save the time and money to attend the next gathering five years from now. I was involved in other professional conferences and seminars of tremendous level where I was honored to share experiences and exchange ideas with many professional colleagues. Thank you to all my colleagues who attended my presentations, workshops and seminars. It was a pleasure to spend time with all of you in 2018.
This past year saw big changes in healthcare interpreting in the United States with a major struggle between the two leading certification programs. Fortunately, what looked like the beginning of a big conflict, ultimately subsided, and better-informed interpreters are now deciding what to do with their professional future. The year brought positive developments to the largest court interpreter association in the United States. After a major set back at the end of 2017 when two pillars of the court interpreting profession resigned from the Board of Directors, NAJIT went back to capable, experienced professionals, electing a new Board that fits tradition and expectations. Unlike 12 months ago, the association goes into 2019 with a group of experienced and respected Board members and a promising future.
The year that ends in a few days saw the growth of our profession in the field of Remote Simultaneous Interpreting (RSI). I had the opportunity to work several assignments remotely, and both, technology and work conditions were as they should be. I also heard from many colleagues who continue to struggle and endure abuse from some agencies who push video remote interpreting (VRI) in less than favorable conditions.
Not everything was good. 2018 took from us some of our dear friends and colleagues. I cannot reflect on the year that ends without remembering three dear and admired colleagues who passed away: Juan José Peña, a pioneer in the American Southwest, mostly in New Mexico. For years, Juan José was a trainer and examiner for the New Mexico State Court Interpreter Certification program; he was the first staff interpreter at the federal court in Albuquerque, and he selflessly helped new interpreters in New Mexico and elsewhere. Carlos Wesley, a powerful and gentle presence in the Washington D.C. metro area for many years, and an examiner for the federal court interpreter certification exam. Esther Navarro-Hall, a kind, selfless, talented colleague who impacted our profession and the lives of many interpreters worldwide as a professor at MIIS, regular trainer all over the globe, habitual presenter at professional conferences, Chair of the National Association of Judiciary Interpreters and Translators (NAJIT) in the United States, and humanitarian, promoting help and assistance to those impacted by natural disasters everywhere. Our lives and profession are better because of them.
Unfortunately 2018 will forever be remembered as a low point in the history of the profession in the United States. It was its darkest hour. I am referring to the inexcusable fiasco that impacted hundreds of interpreters, and continues to do so, because of the ineptitude of government officials, their selected contractors, and the cover up, misinformation, and lack of response that followed for many months: The 2017 oral federal court interpreter certification examination. We go into the new year with many unanswered questions, with no accountability, and with uncertainty for many who took the test, and patiently await to this day for an examination date more than a year after taking the exam. 2018 will be known as the year when ineptitude destroyed the credibility and reputation of the until then most trusted interpreter exam in any discipline in the United States.
The biggest shift in American foreign policy in decades and its impact on our profession continued in 2018. Events held in the United States for many straight years left for other countries because of the uncertainty of American immigration and trade policy. It proved very difficult to plan a big conference and invest a lot of money, without the certainty that attendees from certain countries will be admitted to the United States for the event. International government programs that require of interpreting services were at an unprecedented low, and changes of personnel in the administration, at all levels, impacted the work available to interpreters in the diplomatic, international trade and private sectors.
If not for the federal court interpreter certification exam disaster, the biggest stain of 2018 would be the conspiracy by most multinational and domestic interpreting agencies to do whatever necessary to overturn a California Supreme Court decision that protects independent interpreters by giving them certain rights that greedy agencies oppose, as compliance with the court decision would diminish their ever-growing margins. These agencies are actively pursuing the overturn of the decision by lobbying for legislation against interpreters. Apparently these efforts are led by a lobbyist who, ignoring any conflict of interest, and with the blessing of the largest interpreter and translator association in the United States (either by action, omission, or both) is trying to get Congress to exclude interpreters from the groups protected by the California Supreme Court decision.
Said conspiracy took us trough a research path that showed us how some of the Board members of this “translators and interpreters” association actively support agencies’ efforts, including a Board member who stated he would not even excuse himself from a vote in cases of conflict of interest. Statement that we will surely revisit come election time.
Throughout the world, colleagues continue to fight against low pay, deplorable working conditions, favoritism, ignorant government program administrators, and other problems. More European countries are now facing outsourcing of interpreting services for the first time.
Once again, interpreters around the world faced attempts from special interest groups to erode our profession by lowering professional standards creating questionable certification programs, and offering pseudo-conferences and webinars to recruit interpreters for exploitation while hiding behind some big-name presenters, many of whom have agreed to participate in these events without knowledge of these ulterior motives.
Of course, no year can be one hundred percent pariah-safe, so we had our “regulars” just like every single year: 2018 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, dear friends and colleagues, much changed and much stayed the same. I choose to focus on the good things while I guard against the bad ones. I now invite you to share with the rest of us your learned lessons (good and bad) of 2018.
I wish a Happy and Productive New Year to all my friends and colleagues!
November 20, 2018 § 4 Comments
This is Thanksgiving season in the United States; a time when we celebrate the spirit of solidarity and cooperation between all who lived in our country in the seventeenth century, regardless of their ethnicity, culture, origin, and language. In the past, I have written about the crucial role Squanto played during that first Thanksgiving gathering. Beyond Squanto (also known as Tisquantum), a Patuxent Native-American who learned English, and whose interpreting services were crucial to both: Europeans and Native-Americans, Thanksgiving season reminds us of the importance of collaboration amongst all people, and how this communication is made possible by interpreters; many, individuals who were an essential part of human history.
Language interpreting dates back to Ancient Egypt during the 3rd millennium B.C. The first records of interpreting were in Egyptian low-relief sculptures in a prince’s tomb that referenced to an interpreter supervisor. Interpreters were employed throughout the middle Ages. Monks of many nationalities interpreted in monasteries; preachers of foreign lands interpreted in councils, and some individuals interpreted on business expeditions, military incursions and diplomatic meetings.
During the Age of Discovery, using new and different languages changed the way interpreting was seen. Christopher Columbus in his first voyage noted that his Arabic and Hebrew-speaking interpreters “…were not very helpful in communicating with the Indians…” After this voyage he decided to recruit some Native Americans and teach them Spanish so they could help him as interpreters on his next expedition. Today, on the same spirit of Thanksgiving, let’s remember some men and women who showcased the importance of our profession:
Sacagawea. Born during the late part of the 18th century in what is now Idaho, she was a Shoshone chief’s daughter. A rival tribe abducted her when she was 12 and sold to Toussaint Charbonneau, a French-Canadian fur trader. He married her. Because she was bilingual, during their famous expedition, Lewis and Clark met Sacagawea and her husband at the Hidatsa-Mandan Settlement on November 2, 1804. It was close to the present-day Bismarck in South Dakota. They recognized the importance of having interpreters accompany the expedition. Charbonneau spoke Hidatsa and French while Sacagawea spoke Shoshone and Hidatsa. Her linguistic skills proved very useful because they bought horses from the Shoshone chief who turned out to be Sacagawea’s brother. The couple traveled with the Corps of Discovery from 1805 to 1806. Sacagawea made the distinction of being the only woman in the corps. Her legacy lives on as one of the most important interpreters of all time.
Gaspar Antonio Chi. He was a Yucatan Indian interpreter during the latter part of the 1500s, and he was very influential in the communications held by Spain and the Mayans. Chi understood the Spanish language and was chosen as one of King Charles V of Spain’s interpreters. The king wanted to gather information about the history, geography and culture of the colonies, Chi was of great help to the Mayans. He became famous not only for his linguistic skills but also for personally opining before the king. He would add his own thoughts when responding to the king’s questions.
Gaspar Antonio Chi will be forever remembered as the Mayan people’s principal voice during the Spanish invasion of the peninsula and one of the world’s most famous interpreters. Many of his replies to the questions of King Charles were preserved. They provide important insight to America’s post-colonial era. Chi was a son of a Xiu Mayan noble. His father met a group of Spaniards exploring the Yucatán. Later, Chi was given his Christian name by the Franciscan monks who also taught him Náhuatl, Latin and Spanish. He had a natural skill for languages, playing the organ and singing Spanish cantos.
Estevanico. Born in North Africa at the dawn of the 16th century, the man known as Estevanico was probably the first Muslim to set foot in North America. Growing up in the lush Oum er Rbia region of Morocco, the black Moor was enslaved. By 1527, he was the property of Castilian nobleman Andres Dorantes, and he was given a Christian name, Estevanico, probably to make his enslavement legal according to the laws of Spain’s Queen Isabella.
Dorantes and Estevanico joined an expedition to explore and conquer from the border of New Spain to Florida with conquistador Panfilo de Narváez. Dorantes was a captain on this expedition, which was bound originally for the Pánuco River on the western coast of the Gulf of Mexico but ended up, due to bad conditions and inept piloting, coming to shore near Tampa Bay. A five-month death march through the swamps ensued, plagued with disease and attacks by natives. After the ships offshore lost sight of the land expedition, Narvaez tried to build rafts to float to Mexico. These proved impossible to keep together, and most of the expedition drowned.
Estevanico and Dorantes were among 80 men who washed up on Galveston Island off the coast of Texas. When they went to the mainland to look for New Spain, they were captured by Native Americans and held for six years. After escaping soon after the arrival of another shipwrecked Spaniard, the group spent two years on a trek to Mexico. During this trek, the Spaniards noted Estevanico had a knack for communicating with the native population through hand signals and words. He and his companions dressed as natives, and Estevanico carried two sacred gourds and an engraved copper rattle, which gave him legitimacy as a shaman. He also dressed in feathers, bells, and turquoise he had received as gifts for his healing.
When they finally returned to Mexico, Dorantes sold Estevanico to Viceroy Antonio Mendoza, the first Viceroy of New Spain, who dispatched him to help guide another expedition in search of rumored cities of gold to the north. The expedition was led by the friar Fray Marcos, but it was Estevanico that headed it, flanked by two massive Spanish greyhounds and with feathers and bells on his arms and legs. He was disliked by the friars for his license with women and comfortable communication with the locals, and he soon fell victim to overconfidence. Marching ahead of the expedition, he offended a village of Zuni Pueblos, in what is now New Mexico, by carrying items from an enemy tribe and was imprisoned with his entourage while the Zuni elders debated whether to respect him as a wizard or kill him as a spy. Estevanico was killed by the Zuni, and the rest of the expedition slunk back to Mexico. Some, however, believe he faked his death in order to live freely among the natives, and the Zuni spirit Chakwaina, depicted with a black face or mask, is believed to be based on him.
Sarah Winnemucca. Born around 1844 to the Paiute tribe in eastern Nevada, Sarah Winnemuca’s real name was Thoc-me-tony, meaning “Shell-flower.” Her grandfather, Truckee, believed in peaceful coexistence with the whites, while Winnemucca herself had misgivings. But she accompanied her mother and grandfather to California, where she worked for white families and picked up English and Spanish, and an understanding of white culture. She and her sister Elma attended a Roman Catholic school until the parents of other students objected to their presence. They were forced to leave, but Sarah continued to develop her linguistic skills.
In 1866, she went with her brother, Natchez, to Fort McDermit, either at the request of the Paiutes to help stop white raiding, or on the orders of the Army to explain Paiute unrest. Winnemucca would become an intermediary between the military and the Paiutes, convincing her father’s band to settle on a reservation and serving as a liaison during the 1878 Bannock War.
She once said: “Is there not good reason for wishing the Army to have care of the Indians, rather than the Indian Commissioner and his men? The Army has no temptation to make money out of them, and the Indians understand law and discipline as the Army has them; but there is no law with agents. The few good ones cannot do good enough to make it worth while to keep up that system. A good agent is sure to lose his place very soon, there are so many bad ones longing for it.”
After the end of the Bannock War, Winnemucca became enraged by mistreatment of Pauite captives and launched a campaign of lectures in San Francisco, Nevada, and the East Coast, even traveling to Washington, DC, to plead with the government to reform the system of corrupt agents, callous missionaries, and failing policy. Despite meeting with Secretary of the Interior Schurz and President Hayes, the government delivered no assistance, and a movement to discredit her emerged despite support from the military, the Unitarians, and some sympathetic officials. She died in 1891, having spent some of the last years of her life working in a school in Nevada, where she taught Paiute children to respect their native traditions while learning the language and culture of the whites. She left behind a legacy as one of the most significant fighters for Native American rights in the 19th century.
Felipillo. Born on the island of Puna off the coast of the Inca Empire, the young man known as Felipillo was captured by the Spanish and employed as an interpreter for the conquest of Peru. This was unfortunate, as he was not fluent in the Quechua language of the Incas nor in Spanish, though he picked up both languages rather impressively with no formal instruction by listening to people speak.
He made frequent mistakes, including botching a description of the Holy Trinity by translating “God is three in one” as “God said ‘three and one is four,’” which is true but rather less profound. What’s worse, the only way he knew how to express the concept was by reference to quipu, Inca knot record-keeping, as there were no Quechua words for Christian concepts like trinity, faith, or holy spirit, or if there were, Felipillo wasn’t likely to pick them up from listening to traders haggling in port markets. He was said to be such a bad interpreter that the Inca Atahualpa was said to have needed to speak slowly and in short sentences to be understood, using the Chinchasuyu dialect, rather than the Cuzco dialect, which Felipillo was less familiar with.
Felipillo is said to have arranged the death of Atahualpa, after falling in love with one woman from his harem, Cuxirimay, whose name meant “very fair skinned and beautiful.” When Atahualpa complained of not being set free by the Spanish even after paying a ransom, and that he should at least be able to eat and drink with his subjects, Felipillo told the Spanish that Atahualpa was planning to escape and join forces with his last remaining general, Ruminavi, at Quito to lead a new campaign against the foreign occupiers. Pizarro, fearful of rebellion, had Atahualpa baptized, garroted, and burned at the stake. Whether Felipillo made off with the fair Cuxirimay is unknown.
Malintzin. La Malinche (meaning the captain’s woman), known also as Malinalli, Malintzin or Doña Marina, is an important figure in the history of Mexico, and she played a pivotal role in the Spanish conquest of the Aztec Empire. According to Bernal Díaz del Castillo, a conquistador who participated in Hernán Cortés’ conquest of Mexico, Malinche was of noble birth. Malinche is best-known, however, for her role as Cortés’ interpreter. Prior to encountering Malinche, the chief interpreter for the Spanish was a Franciscan friar named Gerónimo de Aguilar, who learnt Mayan whilst he was held captive by the locals. De Aguilar spoke Mayan and Spanish. Malinche spoke Mayan and Náhuatl. The two worked together to translate for Cortés, until Malinche picked up Spanish.
It was Malinche’s abilities as a linguist that allowed the meetings and negotiations to be arranged between Cortés and the Aztec ruler, Moctezuma. Additionally, Malinche communicated with the tribes whose territories they had to march through saving the conquistadors from hostile attacks. Alliances with indigenous tribes hostile to the Aztecs were made, thanks to Malinche. She significantly contributed to the successful Spanish conquest of the Aztec Empire. Some say that due to Malinche’s presence as an interpreter at the negotiating table between the Aztecs and the Spanish, more bloodshed was avoided.
On this Thanksgiving Day, I invite you to learn more about these interpreters essential to the encounter of Europe and the Americas, not just for the Thanksgiving episode with Squanto, but for many other interactions throughout the so-called “new world”. I wish you all a Happy Thanksgiving, and I invite you to share the story of any other interpreters you may want to add to the list above.
November 12, 2018 § 1 Comment
I recently learned that some federal district courts got involved in the way federal prosecutors pick their interpreters for hearings. I have practiced in federal court for many years, and the decision on who will interpret for the office of the United States Attorney has always been left to the prosecutors who know the case better than anybody else. This means they, and their prosecutorial team of paralegals, investigators, detectives, and law enforcement agents, know the language complexities of a particular case, and therefore, better equipped to decide who they need for that interpreting assignment.
I do not dispute that some districts, because of a lack of federally certified court interpreters, or out of plain ignorance, have never tried a case where the assistant U.S. attorneys (AUSA) have their own interpreters for a trial. Some districts are so small, the AUSA office does not even have a staff interpreter. Some districts are so remote, that even the court tries cases with unqualified court interpreters (usually certified or accredited at the state level) because it is next to impossible to get somebody to the courthouse. Evidentiary hearings and trials require that an interpreter be physically present at the hearing. Remote interpreting is not a viable option for these proceedings.
That some have always followed this practice does not make it right, and courts in districts in urban centers where federally certified court interpreters are available have no reason to inject themselves in what should be an internal process of the Department of Justice. Let me elaborate:
The American legal system, and all legitimate legal systems in the world, are based on an independent judiciary free to decide with no pressures or fear of retaliation. The United States Constitution recognizes and enshrines this principle through the separation of powers. The Executive Branch of the federal government originates from Article 2. The Judicial Branch stems from Article 3.
With administration of justice in a criminal case, all individuals in the United States have the rights and protections established by the Constitution and secondary legislation; mainly, the right to a public and fair trial by their peers, starting with a presumption of innocence, charging the Executive Branch of government, through the United States Department of Justice, with the burden of proof, beyond reasonable doubt, in an orderly regulated process, presided by and controlled by the Judicial Branch of government. To put it simply: Because the government cannot be judge and party, it is an agency from outside the Judicial Branch, in this case the Justice Department, who prosecutes the case on behalf of the U.S. government, including the citizens that the government must protect from the bad guys.
We can see that having the burden of proof is no small task. Federal prosecutors must investigate de facts, test and evaluate the evidence found, and prepare a case that will persuade the jury and judge of an individuals’ guilt beyond reasonable doubt. If successful, the Justice Department will meet its duty to protect society. This is no easy task; it also means that individuals will lose their assets, their freedom, and even their life. A prosecutorial team must have the best team available to fulfill its function, and that is extremely difficult.
Federal prosecutors must call witnesses to testify in the trial. When these witnesses do not speak English, their testimony must be interpreted into English to benefit the defendant, the defense attorneys, the judge, and the jury. It is only then, after the rendition of the interpretation, that the defendant will have exercised his constitutional right to confront the witness or accuser. It only after the rendition that a judge or jury can assess the credibility of the witness. It is this time they will decide if they believe all, part, or nothing of the witness’ statement.
But most of the work is done before the witness steps in the courtroom and takes the stand. Prosecutors and their teams test, evaluate, and prepare their witnesses before a trial. Questions are asked many times, in many ways; adjustments are made. Not to influence testimony, but to present the truth clearly to the trier of fact (judge or jury). Usually the testimony of the witnesses for the prosecution is very complex, specialized, scientific. Dense concepts and sophisticated terminology must be interpreted into English during the trial; cultural concepts must be clarified before the final rendition (many expert witnesses come from abroad just for the trial); legal systems compared so the accurate term in the target language is rendered by the interpreter. Leaving loose ends is not an option: The prosecution must prove, and the standard could not be any higher: beyond reasonable doubt. Prosecutors and their teams, assisted by the interpreters, go over the testimony with every witness as many times as needed. These interpreters must research, study, practice, develop a common glossary for each testimony. The witness gets used to that team of interpreters and the interpreters get used to the witness.
The interpreters for the prosecution know the case, they are familiar with names, dates, places, and other key information that must be interpreted with accuracy. From gang slang, to amounts of drugs, to family relationships. It all needs to be well-understood so the interpretation heard in trial is accurate, pristine, and truthful.
Confidentiality is essential to our justice system. It lets the parties tell the truth to their attorneys so they can represent, in a criminal case, a defendant or society with full knowledge of the facts. Confidentiality is also very important when it comes to the lawyers’ strategy. Prosecutors and defense attorneys develop a strategy to win a case. The interpreters for the prosecution know the strategy and facts, and they are covered by the veil of secrecy. Using a court appointed interpreter to interpret for the prosecution generates a conflict of interest. You cannot be judge and party simultaneously. Even the most professional, trustworthy interpreters should never be placed in such situation. The sole appearance of conflict is enough to cast a shadow on the proceedings. Client-attorney privilege only exists when there is an expectation of privacy. How could this be argued when the same interpreter hears all confidential details?
The independence of the prosecutorial interpreters is so important, that even their payment differs from that court appointed, public defender, and Criminal Justice Act (CJA) attorney interpreters receive. I am not referring to staff interpreters, I am talking about independent contractors retained to work in a case. While interpreters for the court, public defender, and CJA attorneys are paid through the judicial system (Judicial Branch of government) interpreters for the prosecution are paid by the United States Department of Justice (Executive Branch). The funds come from different budgets to assure independence, absence of conflict of interests, and separation of powers. The Office of the United States Attorney pays better that the courts, and unlike the latter, fees are negotiable between the parties (interpreters and AUSAs). This can also be relevant if you think that most more experienced, better trained interpreters would rather work for the prosecution, leaving a smaller pool of top-level interpreters to work for the courts, and increasing the risk of an inaccurate rendition of a prosecutorial witness’ complex testimony during the trial.
The widely, and constitutionally backed, practice of having a separate interpreter team for the prosecution in federal cases must continue as long as we have separation of powers, and a system where one party has the burden of proof. There is no rational justification for this practice by the executive branch of government, to be changed by court staff, from a different branch. Such decisions are being made in courthouses where none of the issues above were given any thought, where prosecutors did not reflect on the implications of such changes, and a decision was unilaterally made, perhaps due to a lack of understanding that lead to this policy deprived of common sense. If the decision at these district courts was made unilaterally, we have a separation of powers issue; if it was decided for monetary reasons, remember that interpreter fees are paid from two budgets (executive and judiciary); if it was decided to avoid comparisons between experienced prosecutorial interpreters, and perhaps less qualified court appointed ones, it was motivated by unethical reasons and it shows a disappointing level of professionalism; and if this was a joint decision by the courts and AUSAs in some districts, they must address the conflict of interest and at the least the appearance of conflict.
Our legal system has been around for 250 years. It has organically adjusted its parts to observe the fundamental democratic principles, starting with an independent judiciary, a separation of powers, and the rights and protections to the individual and society. In today’s world where many things that were, are no longer, let’s hope this is not changed by the capricious decision of a few. I invite you to share your thoughts on this issue.
October 31, 2018 § Leave a comment
Dear friends and colleagues:
Every year, Halloween is celebrated in more countries around the world and the interpreters’ booth is no exception. During the last week of October our conversations between assignments turn to traditions from our different countries, and many include food. I have been fortunate to try many wonderful dishes served during this season in different corners of our planet, and I thank my many friends, colleagues, and even clients who have contributed to my cultural-culinary education. This is a list of some of the most popular, and tastier Halloween foods, that came from other nations and traditions to the United States:
Pan de muerto (Mexico). Traditionally baked in the days leading to the Day of the Dead (Día de Muertos), ‘bread of the dead’ is a soft, sweet bread roll. It’s sometimes decorated with bone-shaped dough on top and is eaten in Mexican homes and next to a loved one’s grave to celebrate their memory. Depending on the region, it can also be flavored with orange-flower water, anise seeds or other ingredients.
Pão-por-Deus (Portugal). Pão-de-Deus (‘bread of God’) or Soul Cake is a small, round treat. People usually eat it on All Saints’ Day (Dia de Todos-os-Santos) on 1 November. The ingredients are: raisins, currants and spices such as ginger, nutmeg and cinnamon. In Portugal, people give pão-de-Deus to children and the poor, who go from door-to-door singing and saying prayers for the dead. Soul cakes are also shared in other countries. Some say this practice might be the origin of trick-or-treating.
Dolci dei morti (Italy). Often called fave dei morti (‘beans of the dead’), Italian families eat these little chewy biscuits on All Souls’ Day (Commemorazione dei defunti) on 2 November. The ingredients: Ground almonds, pine nuts, cinnamon and lemon zest.
Huesos de santo (Spain). Long, white, tube-shaped ‘saint’s bones’ are made from marzipan (an almond paste). Spanish people eat them around All Saints’ Day or Día de Todos los Santos. Expect various fillings and plenty of syrup covering them.
Candy apples (United States) / Toffee apples (United Kingdom). Although store packaged candy has taken over in America, perhaps the most well-known traditional Halloween snack is the candy apple (in the US) or toffee apple (in the UK). The apples have a sugar syrup coating, sometimes with an extra layer or nuts or other sweet decorations.
Guagua de pan (Ecuador). These “bread babies” are sweet rolls molded and decorated to look like small children. They are part of the Day of the Dead tradition, often made of wheat and sometimes filled with sweet jelly. They may be exchanged as gifts between families and friends or used ceremonially.
Soul cakes (England). These sweet, round cakes were traditionally given out in England and Ireland on All Saints Day or All Souls’ Day during the Middle Ages to those who went door-to-door saying prayers for the dead in what may be the forerunner to today’s trick-or-treating. They can be made with raisins and currents and aromatic spices like allspice, nutmeg, cinnamon and ginger.
Barm Brack (Ireland). On All Hallows’ Eve, you might enjoy some freshly baked barm brack. It is also called Bairín Breac, Barmbrack or often shortened to brack, is a yeasted bread with added sultanas and raisins. Usually sold in flattened rounds, it is often served toasted with butter along with a cup of tea in the afternoon. The dough is sweeter than sandwich bread, but not as rich as cake. The sultanas and raisins add flavor and texture to the final product. The Halloween Brack traditionally contained various objects baked into the bread and was a sort of fortune-telling game. In the barmbrack were: a pea, a stick, a piece of cloth, a small coin (originally a silver sixpence) and a ring. Each item, when received in the slice, was supposed to carry a meaning to the person concerned: the pea, the person would not marry that year; the stick, would have an unhappy marriage or continually be in disputes; the cloth or rag, would have bad luck or be poor; the coin, would enjoy good fortune or be rich; and the ring, would be wed within the year. Other articles added to the brack include a medallion, usually of the Virgin Mary to symbolize going into the priesthood or to the Nuns, although this tradition is not widely continued in the present day. Commercially produced barmbracks for the Halloween market still include a toy ring.
Colcannon (Ireland). It is traditionally made from mashed potatoes and kale (or cabbage), with milk, butter, salt and pepper. It can contain other ingredients such as scallions, leeks, onions and chives. There are many regional variations of this dish. It is often eaten with boiled ham or bacon. An Irish Halloween tradition is to serve colcannon with a ring and a thimble hidden in the dish. Prizes of small coins such as threepenny or sixpenny bits were also concealed inside the dish.
Fiambre (Guatemala). It is a Guatemalan dish prepared once a year on November 1st for the Dia de los Santos or All Saints Day, a celebration that takes place one day before the Dia de los Muertos. Each family has their own recipe for fiambre which is usually passed on from generation to generation. There are different kinds: white, red and divoriciado in which all the ingredients are left separated and each person picks what they want. Fiambre must be prepared at least one day before serving and marinated in sauce blend of vinegar and other ingredients called the caldillo. Many people add fish and even shrimp. The day you wish to serve the fiambre, place a lettuce leaf on a plate, arrange a layer of the veggie mixture and then add a layer of the meats and cheeses. Repeat at least once and decorate with pimientos, sliced cheese, asparagus, baby corn, radishes, olives, and boiled eggs. Serve chilled.
Please share your traditional food for Halloween, All Saints Day, or Day of the Dead, and I hope you enjoy your family recipe, celebrate your cultural heritage, and honor those who are no longer with you. Happy Halloween!