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!
October 24, 2018 § 7 Comments
Several government decisions in the United States and elsewhere have impacted our profession recently, and they all have something in common: They have protected interpreters and translators from some one-sided practices enacted by multinational language providers, copied by smaller interpreting and translation agencies, and adopted by some government bureaucracies to appear as if they are meeting their legal obligations to society.
Some of the most notorious and talked about decisions include the National Labor Relations Board (NLRB) order to the U.S. government services contractor SOS International (SOSi) to reclassify its interpreters working in United States state courts as employees in March 2018, bestowing interpreters and translators who worked for this agency as independent contractors with all protections defined by the National Labor Relations Act, including benefits reserved to full-time workers. In April 2018 some Lionbridge contractors who provided their services as software testers at Microsoft, settled a case they had before the NLRB.
Despite the effects of the decision above, it was the landmark ruling on April 2018 by the California Supreme Court in the Dynamex case that shook the status quo like nothing before. California’s highest court ruled that the delivery service provider Dynamex misclassified its workers as independent contractors when they should be protected and treated as employees. Here, the Supreme Court of California adopted the “ABC test” to determine if a contractor is an independent worker instead of an employee. This decision’s repercussions extended to all individuals providing services as independent contractors, including interpreters and translators, when the company is in control of the performance of such service contractually or de facto; to those contractors who perform a service that falls within the usual services regularly provided by the company; and to those contractors who cannot be regularly selling their services to other clients, because they are constantly engaged by the company, leaving them no time to work somewhere else.
There are many interpreters and translators, myself included, who do not want to be employees anywhere; There are many interpreters and translators, myself included, whose professional practice will not be affected by these or other rulings similar to the ones mentioned above; however, many colleagues would benefit from such decisions. These are usually the colleagues who these entities take advantage of. We are talking about colleagues who, for many reasons, cannot ditch the exploiter and have to roll with the punches, accepting work under deplorable conditions such as rock-bottom fees, solo interpreting assignments, interpretations on a pay-per-minute basis, and other abuses practiced by these agencies never stopped by the authorities before.
As expected, many agencies who practice this business model got extremely nervous: This could be the beginning of the end to their lucrative unchallenged practices. They would not allow this to happen.
On August 8, 2018 the Association of Language Companies (ALC) met in Washington, D.C. to conspire about a way to keep independent interpreters and translators from gaining these legal protections and to maintain the up-until-now comfortable uneven field they enjoy. As a first step, they lobbied the United States Congress to change the law and make it impossible for these interpreters and translators to benefit from the administrative and judicial resolutions that protected them. The event was organized by ALC’s lobbyist: The Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). During the meeting, ALC delegates argued that “…the added cost of providing full benefits to every single contractor would likely put many (agencies) in danger of going out of business…” They manifested that “…the implications for the “industry” could be devastating…” There are two more ALC summits already scheduled for the first half of 2019. For more details on the Dynamex ruling and my interpretation of the ways it benefits all independent interpreters and translators, even those who do not deal with these multinational or abusive agencies, please read my blog entry of August 29, 2018.
We can see that a confrontation of ideas and how we view our profession contrasted by the way these entities perceive us as industry laborers may be inevitable. I do not blame the agencies for defending their golden eggs goose. I understand their decision to lobby Congress to protect their interests; unlike professional interpreters and translators, their loyalty is to their shareholders and partners, not to the quality of the service or the profession. We also need to defend our interests, and we will.
To do it, we all know that we face a David and Goliath battle against the ALC and others. They have the finances to fight us in court and Congress. There are no surprises here and we must plan accordingly.
Unfortunately, on top of the known obstacles we need to overcome, potentially, there is an added problem, something that most colleagues are unaware of, something that looks wrong: Some of the professional associations of interpreters and translators, including the largest, use and pay for the services of the same lobbyist ALC is using to undermine the interests of many of their own members: our colleagues.
The American Translators Association (ATA) is represented, in its lobbying efforts, by the Joint Committee for Languages and the National Council for Languages and International Studies (JNCL-NCLIS). Let me explain: ATA membership fees are used to pay for the services of JNCL-NCLIS simultaneously this lobbyist is advancing ALC’s cause to kill those government decisions that favor many independent interpreters and translators. ATA is not the only professional association with a lobbyist in Washington, D.C., but it is the largest one, and it is the one with Board members up for election this week at the general meeting in New Orleans. This post is not motivated by any ill feelings towards ATA or any other professional association, but by my desire to have more transparent governance and accountability in our associations to protect our profession from those who try to dehumanize it and turn it into a laborer’s service.
I will now disclose some facts about JNCL-NCLIS so you understand exactly who we are dealing with: Unlike most lobbyists, they are a non-for-profit organization that started servicing foreign language teachers. There was a time, however, when ATA’s leadership decided, without a real explanation to the membership, there was synergy between these teachers and ATA members who are not teachers, but interpreters and translators. ATA pays a yearly fee to JNCL-NCLIS for its services as a lobbyist. This differs from the usual per-hour fees that most lobbyists charge to their clients. The amount of this annual payment is based on the size of ATA’s membership, because it is paid with our membership fees. The person from JNCL-NCLIS who deals with ATA is Bill Rivers, who also deals with ALC, and continuously works for the advancement of the interests of the agencies. Interests often in conflict with the interests of ATA’s individual membership (us), even though they benefit its corporate members (they). Bill Rivers deals with ATA’s presidency, not with the Board. The Chair of this lobbyist’s Education and Pedagogy Committee (an unpaid position) is a former ATA President. JNCL-NCLIS has assisted at least one agency owner ATA Board member, along with other agencies, on another matter affecting workers’ compensation for interpreters and translators somewhere in the northwest.
There is a huge conflict of interest, and ATA should retain a different lobbyist, even if the fee is higher. No other association in the world spends the money ATA spends on its annual conference, and an independent lobbyist would be more beneficial to the membership at large than such an extravagant, expensive conference. Corporate members would lose an ally, but professional associations exist to benefit the individual, not the corporations.
Even if JNCL-NCLIS lobbyists are professional honorable people, when lobbying for ALC, they could disclose to House members and Senators they are also ATA’s lobbyists; This will convey the message that interpreters and translators endorse the same positions and business model these multinational agencies do.
Some of ATA Board members are agency owners who vote on decisions that could adversely affect individual interpreters and translators. There is nothing on the bylaws banning this practice, but it is another conflict of interest.
The bylaws need to be amended, if not to bar small agency owners from the Board, to at least keep them from voting where they may have a conflict of interest, or there may be the appearance of one. Meanwhile, all Board members who own an agency, and there are at least three at the moment, and two will remain as part of the Board after this week’s elections, must recuse themselves from participating in any debate and casting any vote where there may be, or may appear to be a conflict of interest. This all judges and corporate board members do every day all over the world.
I invite you to demand that all professional associations with lobbyists on retainer only hire lobbyists that do not represent the interests of the agencies and corporations, and bar all agency owners from voting where there is, or may be a conflict of interest. Meanwhile, I invite you all to vote this week in New Orleans for ATA candidates who oppose the current lobbyist situation and support the recusal of all Board members who own an agency in case of a potential conflict of interest. I now ask you to share your thoughts on these crucial matters to any professional association.
October 1, 2018 § 1 Comment
Occasionally interpreters ask me what to do when retained to assess the rendition of other colleagues in a court hearing or civil deposition. This is a delicate issue for several reasons: As interpreters, we do not like another colleague carefully reviewing every single phrase we interpret; we feel it is invasive and even disrespectful. Sometimes the added pressure of having somebody else, most of the time with more experience than us, ready to jump at the first error or omission will turn a good rendition into a poor interpretation because of the intense scrutiny. We feel uncomfortable doing the same to another colleague when we are the “checker”. We do not want to offend a colleague, even a friend, but we find ourselves between a rock and a hard place when one of our best clients requests we render this service.
The first thing we need to understand is this is a professional service we were hired for. It is business. Also, we must remember what we were retained for: To check the accuracy of another interpreters’ rendition. We were not hired to destroy the interpretation; we were not asked to dispute and question every word interpreted or every term rendered by our colleagues. A professional opinion informing our client that the interpretation was fine will be welcomed by our client. They do not want us there to turn the other interpreters’ work to shreds; we are there because our client wants to make sure that the rendition was complete and accurate. This is important as it lifts an enormous weight off our shoulders. It gets rid of the feelings of disloyalty and guilt.
When I am hired to check on other colleagues during a court hearing (trial, motions hearing, expert testimony, etc.) or a civil deposition, the first thing I ask for is the names of the interpreters to interpret the proceeding. Sometimes I know the interpreters and from that moment I know if my job will be a walk in the park, because the interpreters are exceptional, or if it could turn ugly. Most of the time, I do not know the colleagues. In that case, my first task is to learn as much as I can about that interpreter: Where do they practice; how long have they been interpreting professionally; what experience they have with the type of proceeding and the subject of the rendition; their first language, professional studies, who are their clients, and so on.
I can get most of this online by visiting their website, looking over their resume, and checking their LinkedIn page. I also look for photos online. Sometimes I do not know a colleague by name, but once I see the picture I realize I know who they are, and sometimes I am even familiar with their work. Another important source is those interpreters they usually work with. I may have never worked with the interpreter I am about to check, but I may have worked with some of their partners or boothmates before. Sometimes I may contact these interpreters (when I could find no information on the interpreter for example) but most of the time just knowing who they work with helps me understand the level of the interpreter. Finally, I look for what professional associations they belong to. I know it is not a very good indicator of the level of a colleague, but it helps me understand better if the person cares for the profession and their continuing education. If the interpreters are great, I let my client know right away. This helps me to prepare them for an “everything was fine” report after the rendition. I say nothing detrimental to a colleague a priori. If I have nothing great to tell to my client, I reserve judgement until after the hearing or deposition.
On the day of the interpretation I arrive early, and the first thing I do is say hi to the interpreters. I introduce myself and put them at ease by telling them this is not personal, but I never look nervous or afraid. I also communicate that I know of the fact there is more than one way to skin a cat and their choice of words may not be the same as mine. I assure them that, as long as the rendition is correct, even when their style my differ from mine, I will not make a fuss of the interpretation.
If I hear something I disagree with during the rendition, I am always very careful and rarely interrupt (only in very evident mistakes). There are synonyms and regional expressions that do not make a rendition wrong unless they are essential to the case. If this happens, I wait for the break and explain it to my client, emphasizing that the rendition was correct, but I would have said it differently.
When I hear something and I know it is wrong and relevant, I respectfully interrupt for the record. State my objection to the rendition and why I object. If the other interpreters agree: Great; if they disagree, let them explain and accept your mistake, if any, or be firm if you are right. It is always necessary to have the basis for your dispute: a grammar rule, applicable dictionary, section of the law. Otherwise your objections will seem frivolous, irrelevant, and you will undermine your credibility.
After the hearing, I am professional and courteous with the other interpreters, judge, and attorneys. It is important they know it is a job. Nothing personal.
Finally, I prepare my report in writing, including my expert qualifications and explaining to my client who I monitored, including the results of my research on the interpreters, I describe the room, and do a narrative of the hearing or deposition, indicating all questionable interpretations, mistakes made by the interpreters, and correct renditions I would have interpreted differently due to my personal style (synonyms, regional expressions, etc.). Finally, I type my conclusions. Usually indicating there was nothing of importance omitted or misinterpreted at the hearing or deposition. Occasionally, indicating the interpreting mistakes and the reasons to back up my opinion. I now ask you to share with us your experiences as “check-interpreter” or about being “checked” by other. I would also like to hear what other strategies you follow when asked to be a check-interpreter, and what you include in your report.
September 17, 2018 § 2 Comments
Imagine having to support a family when you are unemployed, poor, desperate, living in a country torn by war, ruled by a despot. Then one day, somebody tells you that, because you speak a foreign language, you can become an interpreter for a foreign army. You are told that you will be paid for that service, and after the war, this foreign government will take you and your family to their country where you will be safe from retaliation, and will live a better life. Those of us living in a western nation cannot even imagine that situation, much less the ray of hope it means to many humans who live in that reality. This is the story, and the dilemma, of a conflict-zone interpreter.
You just noticed that today’s post is about interpreters in conflict zones. Please do not go away! I know most of you access this blog to read and debate topics related to conference, court, healthcare or community interpreting. Today please read this post from beginning to end, show your determination to defend the profession, and do something that will make you feel good as a human.
Throughout history, explorers, conquerors, traders, religious missionaries, and all others who found themselves in a foreign land where they did not understand the local language have used interpreters to accomplish their mission. Often, these interpreters have been local individuals who spoke both, the foreign and domestic languages, and with no formal training, but armed with their natural skills, and some powerful motivation, provided their able services even when it meant risking their lives and the lives of their loved ones. From Malintzin to Squanto, Boubou Penda to Luis de Torres, these interpreters, our colleagues, have contributed to the history of civilization providing a bridge that made communication possible when peoples did not speak the same language.
These interpreters have been essential in all armed conflicts: invasions, liberations, occupations, and peace negotiations. Many in recent history, like the Navajo Code-Talkers who serve the United States armed forces during World War II. Others, anonymously participating in conflict zones like Vietnam, Operation Desert Storm, and the Bosnian War.
Western nations have benefited, and still do, of the services of interpreters in conflict zones who assist military forces and civilian contractors in places like Africa and the Middle East.
From the start of the war in Afghanistan, and the U.S.-led invasion of Iraq, western nations participating in those conflicts scouted those two countries looking for local women and men who spoke the local language and that of the western country. The United States, United Kingdom, Canada, Australia, Spain, France, and others, recruited bilingual individuals, often with a professional education background (doctors, teachers, engineers) who had no employment due to the armed conflict or because of their political opinions, ethnic group, or religious beliefs. Some had openly opposed the local regimes and were personae non gratae in the eyes of the despot in charge of government, others quietly disagreed with the way their countries were governed, afraid to say anything the authorities could perceive as treacherous. Others’ sole motivation was to feed their families.
All these courageous humans knew what they were risking by helping the West. Besides the tremendous danger of being in a theater of operations in Iraq and Afghanistan where they could be killed during a fire exchange, and ambush, or by an improvised explosive device (IED), they knew the consequences if caught. Their execution, and that of their immediate family members was a reality they faced every day the worked with the foreign armed forces and independent defense contractors in their countries. These were (and are) brave and courageous individuals. They also knew that all armed conflicts have a beginning and an end. They recognized the dangers they would face after the foreign troops left their countries. They knew their families, even if not involved in the armed conflict, would face the same consequences. To stay behind after the Western armed forces left would be a death sentence.
The United States and all of its allies were aware of this reality. They knew the only way to recruit much needed interpreters and translators was promising they would not be left behind. These conflict zone interpreters got assurances from the western governments they served that when the time to withdraw their troops came, they, and their immediate families would be taken to their countries to start a new life free from death threats and other retaliatory actions. In other words: conflict zone interpreters agreed to provide their services and the western nations promised they would take them to the United States, United Kingdom, Canada, Australia, Spain, France, and all other countries to use interpreting services for military and civilian personnel. As we know, the troops withdrew from these countries, but many interpreters continue to wait for an entry visa to the country that promised to take them. Interpreters have been admitted to these western countries, but it has been a fraction. Many of those who have moved to their new countries endured a lengthy and cumbersome process. During this time, as expected, many conflict zones interpreters, and their family members, have been executed as traitors back home while waiting for a visa.
These interpreters, our colleagues, did their part, they rendered the service facing tremendous risk and unimaginable working conditions. They were essential to accomplish a mission; through their work they saved many western and local lives. The West has not honored its word.
This is not a political post, and I am not arguing for or against the admission of refugees in any country. I understand there are very solid arguments for and against admitting refugees. I am not endorsing or condemning the armed conflicts in Afghanistan and Iraq either. Solely this post invites you all, interpreters and translators worldwide, regardless of your political persuasion, religious beliefs, or immigration stands, to join to protect the profession by supporting our conflict zone colleagues, just like attorneys help each other, as Marines leave no one behind. We need to raise our voice and tell the governments of those western nations who made a promise to these interpreters when they needed them, to walk the walk and deliver. We need them to know that we know, and we need to push for an expedient visa issuance system for these colleagues. Countries who break promises look bad and lose credibility. Interpreters who believed their promise continue to die while government authorities drag their feet motivated by politics instead of integrity.
Through my work as a civilian interpreter with the armed forces and defense contractors, and as an interpreter trainer, I have met several military and conflict zone interpreters who have served in different places. I have heard from them some horror stories of killings, kidnappings, rapes, and beatings. I have gotten to know many as friends and colleagues. I have met their families. I have also heard the tales of those less-fortunate still risking their lives while they wait for an answer from the West.
I also recognize the amazing, tireless, work of Red T, its compassionate and courageous CEO Maya Hess who I have the privilege to know personally, and the professional associations that support its efforts and share its values: The International Association of Conference Interpreters (AIIC) The International Federation of Translators (FIT) and many of its member organizations; The International Association of Professional Translators and Interpreters (IAPTI); Critical Link International, The International Council for the Development of Community Interpreting (CLI); and the World Association for Sign Language Interpreters (WASLI). Some time ago during the IAPTI Congress in Bordeaux France, I had the opportunity to hear Maya’s passionate description of their efforts to raise awareness and to get a United Nations declaration of legal and physical protection for translators and interpreters in conflict zones. On that occasion, she was joined by another fighter for protecting these colleagues: Linda Fitchett, Chair, Conflict Zone Group, AIIC. Just this Spring I had the opportunity to hear Maya once again, this time in Zaragoza Spain during ASETRAD Congress where she spoke before a big crowd of interpreters and translators, and was joined by some conflict zone interpreters for a round table discussion. On that occasion, ASETRAD conferred honorary membership to Red T. To learn more about Red T and to support their campaigns, please visit: www.red-t.org
My motivation to write this post at this time has to do with the Congressional elections in the United States this November. On November 6, Americans will vote to elect one third of the members of the U.S. Senate (according to the U.S. Constitution, the Senate renews its membership one-third at a time every two years) and for all the members of the House of Representatives. Political campaigns just started last week and all candidates will visit your hometown, attend townhall meetings, debate their opponents, pay attention to your phone calls, and read your mail.
This is the time to tell your senators and representatives running for office that as a professional interpreter or translator, and as an American who values your country’s word and promises, that you want them to pass an increase on Special Immigrant Visa numbers (SIV) for conflict zone interpreters and their families, and to expedite the visa processing times, at least to comply with the nine-month limit in the books which has not been observed. During the last 2 years the number of SIV approvals has declined and the process has seen considerable delays. The official argument is the security background checks. It is understandable and desirable that the government carefully review case by case, but it is also necessary that authorities consider previous background checks and past performance. Remember, these interpreters already worked with members of the U.S. Armed Forces and risked their lives to do their job. Please call the candidates’ campaign headquarters, your Senate and Congressional Offices back home and in Washington, D.C., and support our colleagues. I guarantee you will feel better afterwards.
Regardless of where you live, contact your U.S. Representative. Remember: They are all up for reelection. Please contact your Senate candidates if you live in these States:
To contact the U.S. House of Representatives, go to https://www.house.gov/representatives
To contact the U.S. Senate, visit: https://www.senate.gov/reference/
If you do not leave in the United States, please contact the office of your President, Prime Minister, or Head of Government. You can also visit Red T to sign the petitions.
Remembering that no political debate will be allowed, I now invite you to share with you your experiences as a conflict zone interpreter, or your ideas on how to press Congress and foreign governments to live up to their promise to our colleagues: the conflict zone interpreters.