The “must attend” conferences of 2017.

January 5, 2017 § 7 Comments

Dear Colleagues:

2016 was a great year for many of us. Quite a few of you developed professionally and became better at what you do. I congratulate you for that important achievement; unfortunately, competitors are still out there, languages are still changing, technology continues to improve, and clients (agencies or direct corporations) are willing to pay for what they need but are looking for the best service at the best possible price.  The question is: How do we adapt to reality, keep up with technology, and improve our service?  The answer is complex and it includes many different issues that have to be addressed.  Today, at the dawn of a new year, the time for planning activities, and programming agendas, we will concentrate on one of them: Professional development.

It is practically impossible to beat the competition, command a high professional fee, and have a satisfied client who does not want to have anything to do with any other interpreter but you, unless you can deliver quality interpreting and state-of-the-art technology.  In other words, we need to be better interpreters.  We need to study, we have to practice our craft, we should have a peer support network (those colleagues you call when in doubt about a term, a client or grammar) and we need to attend professional conferences.

I personally find immense value in professional conferences because you learn from the workshops and presentations, you network with colleagues and friends, and you find out what is happening out there in the very competitive world of interpreting.  Fortunately there are many professional conferences all year long and all over the world.  Fortunately (for many of us) attending a professional conference is tax deductible in our respective countries.  Unfortunately there are so many attractive conferences and we have to pick and choose where to go.   I understand that some of you may decide to attend one conference per year or maybe your policy is to go to conferences that are offered near your home base. I also know that many of you have professional agendas that may keep you from attending a particular event even if you wanted to be there.  I applaud all organizations and individuals who put together a conference. I salute all presenters and support staff that makes a conference possible, and I wish I could attend them all.

Because this is impossible, I decided to share with all of you the 2017 conferences that I am determined to attend:

The International Association of Professional Translators and Interpreters (IAPTI) Annual Conference in Buenos Aires, Argentina (April 22-23).  I go to this conference because it is IAPTI. Because it is about us, the interpreters and translators! This conference, and this organization for that matter, presents a unique point of view of our profession that I consider priceless.  It is the only international conference of this size where there are no corporate sponsors. All you see is translators and interpreters like you.  Some of the results of this innovative approach are that the conference attracts a very important group of colleagues that stay away from other events because they are bothered by the corporate presence.  This is the conference to attend if you want to learn how to deal with agencies, corporate clients and governments, because the absence of all those other players fosters this dialogue.  You can attend the presentations and workshops knowing that no presenter is there to sell you anything and that is fun to have at least once a year. Extra added bonus: Beautiful Buenos Aires! I am personally delighted that IAPTI decided to take its conference to Latin America where so many colleagues need these events.

The National Association of Judiciary Interpreters and Translators (NAJIT) Annual Conference in Washington, D.C. (May 19-21) I am determined to be in Washington, D.C. in May for the largest judiciary and legal interpreter and translator gathering anywhere in the world.  This conference lets me have an accurate idea of the changes in this area that is so important for our profession in the United States.  It is a unique event because everybody shares the same field and you get to see and network with colleagues that do not attend other non-court interpreting conferences. Extra added bonus: As the capital of the United States, Washington, D.C. offers interpreters and translators the opportunity to physically see where it all happens: the government institutions and agencies, monuments, museums, and the federal court system: History and the law!

International Federation of Translators (FIT) XXI World Congress in Brisbane, Australia (August 3-5) This is an excellent event to attend for several reasons: It is an international meeting of professionals who actually live all over the world. There are other big events where interpreters and translators from many countries get together, but most of them live in the United States or the United Kingdom; at the FIT World Congress most of the professionals attending the event will be coming from their respective countries, bringing along different perspectives, points of view, and first-hand information on the status of the profession somewhere different from the country where you live. Extra added bonus: Despite the long trip for most of us, the central theme of the congress is “Disruption and Diversification”. Enough said: This are issues that affect all of us and should be near and dear to the heart of all professional interpreters and translators.

XXI Translation and Interpreting Congress San Jerónimo (FIL/OMT) in Guadalajara, Mexico (November 25-26) Every year the Mexican Translators Association (OMT) puts together a magnificent program featuring well-known presenters from all over the world. Coming from an unprecedented success during their XX Congress, the 2017 edition will surely have workshops and presentations in varied, useful, and trending topics. This is the activity to attend this year for those colleagues who work with the Spanish language.  Extra added bonus: The Congress is held in the same venue (Expo Guadalajara) and at the same time as the International Book Fair, one of the largest in the Spanish language world. Besides the professional sessions, attendees can also stroll up and down the immense fairgrounds a purchase some books, listen to some or the most renowned authors in the world, or just window shop in between sessions.

I know the choice is difficult, and some of you may have reservations about professional gatherings like the ones I covered above.  Remember, the world of interpreting is more competitive every day and you will need an edge to beat the competition.  That advantage might be what you learned at one of these conferences, or whom you met while at the convention.  Please kindly share your thoughts and let us know what local, national or international conference or conferences you plan to attend in 2017.

End of the year message to all: Some justice to the profession.

December 29, 2015 § 5 Comments

Dear Colleagues:

This is my last post of the year and for that reason I considered several topics to discuss on this entry. I thought of writing a review of the year from the perspective of our profession, I pondered the idea of sharing with you the professional conferences I will attend in 2016, I weighed the usefulness of presenting an ethical issue for discussion, and I was having a very difficult time deciding what to write about.  Fortunately for me, it all changed when a couple of days ago I learned that one of the translation/interpretation agencies that treats our colleagues, and for that matter our profession, like garbage was slammed by the United States Federal Government for violating the labor laws of the U.S.

Once I read the news, I knew I had to write about this topic that brewed throughout the year and finally started to show concrete results during the last quarter of 2015: How multinational agencies are destroying the profession by bastardizing it as an “industry”, selling a mediocre service to both, the careless and the good-faith naïve clients, and how they denigrate interpreters and translators by offering miserable fees and unconscionable working conditions.  Now we know that they also disrespect the rule of law.

A Wage and Hour Division investigation found that Monterey, California-based Language Line, LLC failed to calculate properly overtime payments due to employees working beyond forty hours a week, a violation of the Fair Labor Standards Act, so the Division ordered this agency to pay more than $500,000.00 U.S. Dollars in back wages and damages to 635 victims. On a separate investigation, the Division looked into the company to determine whether Language Line, LLC paid its translators and interpreters required prevailing wages and benefits when working as professional service providers on federal contracts covered by the McNamara-O’Hara Service Contract Act. When the division determined that Language Line did not comply with the law, the U.S. Government directed the language services agency to review its United States Government federal contracts to see if they were in compliance with the prevailing wage and fringe benefits law applicable to these contracts. The review showed that Language Line LLC had violated the law, and as a result, 2,428 interpreters and translators throughout the United States will receive nearly $970,000.00 United States Dollars in back wages and benefits. The law requires that businesses pay at the minimum these wages and benefits, it also prohibits employers, like Language Line, LLC, from retaliating against interpreters and translators for exercising their rights, and it requires that all businesses maintain accurate records of wages, hours, and working conditions.  The total amount that Language Line, LLC underpaid its interpreters throughout the United States was $1.47 million U.S. Dollars according to the United States Department of Labor.  There was a little justice in this case. [http://globalnation.inquirer.net/134051/translation-firm-must-pay-1-47m-to-2400-underpaid-workers]

On December 17 we all learned that the California Department of Insurance arrested nine people involved in a complex scheme allegedly targeting more than 230 workers’ compensation insurers and self-insured employers. Among these selected group or people, we found siblings Francisco Javier Gómez Jr., and Angela Rehmann, owners of G&G Interpreting Services, an agency that allegedly fraudulently billed more than $24.6 million United States Dollars for interpreting services for injured workers with Hispanic surnames.  G&G Interpreting Services reportedly had a substantial operation providing Spanish language interpreting services across the Los Angeles California basin and southern California for injured workers receiving healthcare services through the workers’ compensation system. California Insurance Commissioner Dave Jones said in a statement about this agency’s alleged crimes: “…When those providing services to injured workers line their pockets by ripping-off workers’ compensation insurers through fraudulent overbilling practices, and charging for services that never occurred, we all end up paying…” [http://www.insurancejournal.com/news/west/2015/12/17/392443.htm]

Dear friends and colleagues, we can see these two examples just from this month, as an unequivocal sign that we have to be extremely careful as to who we work with, and concretely, whose contracts we are going to be associated with. Remember, your signature could appear on a dotted line next to the crook’s signature.  Of course I am not saying that all interpreting and translating agencies are bad or practice criminal activities against their clients or professional service providers; as you know, for legal reasons I even need to remind you that the G&G Interpreting Services case has not been decided in court yet, but what I can tell you is that once again we can confirm that timeless saying: “If it quacks like a duck… it probably is (a duck)”.  We close the year on this high note for the profession from our point of view, but with a terrible message to the general public that does not know the difference between a fraudulent interpreting agency, a bottom-feeder low paying agency, and a good professional interpreter like you.

We need to be careful and very selective on what we sign. We must be courageous and firm when setting our professional fees and working conditions, especially when dealing with those multinational conglomerates who despise our profession to the point of calling it an “industry” instead of a profession. We need to know that as long as we abide by the legal system, the law is on our side, not theirs. I truly invite you to share this entry, the original articles on these two horrendous examples of everything that is ugly in our professional environment, or both, with your clients as an excellent means and opportunity to educate them on the benefits (professional, ethical, quality of service and even financial) of hiring you instead of a bad interpreting and translation services agency.  This is public record and we can use this information, we can call these perpetrator and alleged perpetrators respectively by their names, and we should. Do not lie or embellish the facts, they are very powerful as they really happened. The end-client needs to know the truth and we should seize this opportunity.

This is a wake-up call to many interpreters and translators, and a validation to what many of us have been saying for years.  It is time to shun the conferences where they invite these individuals to be presenters, panelists, and even keynote speakers, it is time to reconsider our membership in professional associations that allow these type of entities to be members even though they are not interpreters, translators, or even human beings. It is time to reward conferences and professional associations that do not allow them into the conference hall or into the ranks of the organization.

Finally, I did not want to end 2015 without tipping my hat to the many colleagues who fought so hard to better the profession throughout the year and save it from the claws of those who want to shed the professional part of our work and turn it into an “industry”.  Thank you to those who stood up against SOSi and especially to those who are still holding back and not giving up o giving in. Thank you to those colleagues who are fighting for fair professional conditions at the immigration hearings in the United Kingdom. Thank you to our colleagues who are still fighting against the abuses within the Workers’ Compensation system in California. Thank you to those who stood firm when apparently disrespected by a judge who was appointed Chair of the Language Access Advisory Committee in New Mexico. A special thanks to our always-remembered colleagues in the United Kingdom who continue to fight against Capita: You are an inspiration to all of us. Thank you to each and every one of you who turn down assignments every day because of the insulting low fees, outrageous working conditions, or lack of professionalism of the agencies. It is because of you that we are still fighting against the commoditization of the profession, against the exploitation by those who offer VRI services and want to pay peanuts, against incompetent bureaucrats in government offices worldwide, and against the 20-year old ignorant who works for the agency for a fast-food type of wage and calls you to tell you how to do your professional work as an interpreter or translator. To all of you, the good, professional interpreters and translators: have a very happy new year!

A lesson to all interpreters.

October 12, 2015 § 9 Comments

Dear Colleagues,

We have seen over the past few weeks how a grassroots movement by some of our colleagues has produced results that until recently would have been considered unrealistic.  I am referring to the freelance United States immigration court interpreters who, so far, have refused to accept the contractual conditions offered by a new federal government contractor that does not deal with them as language professionals but as unqualified laborers.

For many years, federal government contractors did their bidding and earned contracts from the immigration courts (EOIR) based on a widely accepted assumption that immigration court interpreters would take any fee offered to them, regardless of how low it was. This is how the bidding process worked and produced the abhorrent working conditions that LionBridge imposed on the interpreters, including extremely low fees, absurd cancellation policies, unprofessional treatment where the interpreters’ word had no credibility when their word conflicted with court staff, and even a penalty for those who wanted to be paid on time.  For these reason many interpreters left, or never entered, the immigration court interpreting field. It was just unattractive to those who wanted to make a higher income and expected to be treated like professionals.  Even now, the testimony of several attorneys reflects this reality when they comment that, many times, the quality of the interpretation in immigration court was lower than at those courts managed by the Administrative Offices of the Courts.

This is the environment that SOSi, the new bidder, encountered when they came into the picture. No wonder they pushed interpreter working conditions to a low never seen before.  They assumed that this time would be like the others and interpreters would take the offer, no matter how unfair and insulting.  They were wrong.

You see, friends and colleagues, a few things have changed since the last time the contract was awarded to LionBridge. By the time SOSi bids for the EOIR contract, there were more interpreters with a formal education than before; these colleagues had entered to the world of immigration court interpreting for many reasons: to gain some professional experience, to put their name out there, to have some income to begin to repay their student loans…

They worked as immigration court interpreters, but they were not there to stay; their time working over there would be a step towards a more fulfilling and better paid career. They did not plan to stay, but while they were there, they shared their ideas about professionalism and their personal dreams with the other interpreters who were already there. They inspired many of them to study to better themselves as interpreters, to go to a community college and study interpretation, to take a state or federal court interpreter certification exam, to become certified as healthcare interpreters, and so on.  The crowd that SOSi encountered did not look much like the one its predecessor found some twenty years earlier. The result: They would not put up with worse working conditions than the horrendous ones they had suffered from the previous contractor, so they refused to sign the contracts, and the deadline for SOSi to take over interpreting services came and went without fulfilling their obligation because of their lack of the most precious and indispensable asset to provide interpreting services: the professional immigration court interpreter.

These colleagues took advantage of things that were not there the last time the contract was up for bids: social media, communication and peer support, information about the working conditions of other court interpreters working somewhere else, and the experience of our colleagues in the United Kingdom with another agency devoted to the degradation of the professional interpreter: Capita.

The refusal to sign these individual contracts happened all over the United States, the voice got louder, blogs spread the word and informed some not-so-well known facts about the contractor (https://rpstranslations.wordpress.com/2015/08/31/disrespecting-the-immigration-interpreter/) virtual forums were created, professional associations intervened, the media wrote about this issue in English (http://www.buzzfeed.com/davidnoriega/immigration-courts-could-lose-a-third-of-their-interpreters#.sopPZ5w26) in Spanish (http://www.eldiariony.com/2015/10/07/disputa-laboral-de-interpretes-amenaza-con-agravar-demoras-en-tribunales-de-inmigracion/) and discussed it on the radio (http://www.scpr.org/programs/take-two/2015/10/09/44770/backlog-at-immigration-courts-could-grow-with-a-pa/)

The contractor, probably frustrated by this “unexpected occurrence”, apparently decided to get help from local language services agencies all over the country to see if, by buffering this link between them and the professional immigration court interpreter, some colleagues would agree to sign the individual contracts, and, unless there is some legal figure no interpreter is aware of, as a result of their signature, they would become contractors of a sub-contractor (the local agency), putting them one more step away from the entity that won the contract: SOSi. In fact, I have heard from several interpreters in different cities who have contacted me with their concerns about the contents of this contract that has been offered to them.

Although the following is in no way legal advice, nor is intended in the slightest to be such a thing, I have decided to give my opinion about some of the portions of the contract as they were presented to me by my colleagues. Remember, this is just my opinion, based on my many years of professional experience as a professional interpreter, and my years in law school.  Your opinion may be different and I will not dispute such a thing.  Let’s see:

The most common concern about our colleagues can be summarized by this colleague’s observations: In general, I have my doubts that my previously negotiated  half/day and  full/day rates would really be respected, in light of SOSi’s option to pay these “…unless EOIR determines that using a different CLIN would result in less cost to the government.”  What does this mean in plain English?

There is a legal principle in civil law (and contracts are civil law) called the parol evidence rule. This principle states that all negotiations between the parties to a contract that took place before or simultaneously to the signing of a contract, that are not clearly spelled out on the document, are non-existent and therefore, non-binding and unenforceable. This means that all “negotiated rates” that are not in writing are irrelevant. (https://en.wikipedia.org/wiki/Parol_evidence_rule) (http://thelawdictionary.org/parol-evidence-rule/)

A follow up question to the last comment was this one: what is a CLIN?”

Although I do not know for sure, I believe that “CLIN” in this context refers to “Contract Line Item Number” This would mean that if EOIR finds a legal way to pay less than the “previously negotiated rate” or If other interpreters are willing to work for less, the pay could be impacted.

Some interpreters are concerned about the travel expenses when they are asked to go out of town to interpret a hearing.  Apparently, the section of this contract that addresses this issue does not mention the English<>Spanish interpreters.  As far as travel expenses, keeping in mind that English<>Spanish interpreters cover the immense majority of the immigration cases, my feeling is that they could be leaving the English<>Spanish interpreters out of the equation because they feel they can meet these needs with Video Remote Interpreting (VRI) and with local folks if needed.

It is also worrisome that said contract seems to emphasize “telephonic interpreting”, indicating that this service will be paid at an hourly fee. As we all know, like all professional services providers, interpreters sell their time.  Getting paid for the time interpreted based on an hourly pay would result in a detrimental situation for the interpreter, because nobody is paying for the time it takes to this professional services provider to get ready to do the rendition (travel to the courthouse or detention center, setting aside big chunks of time to do the assignment, etc.)

According to some colleagues, SOSi appears very firm on its insistence that interpreters compete for offered work assignments on a generally accessible “available assignments” website.  In other words, interpreters would no longer be contacted individually, as with Lionbridge, to accept or reject offered assignments.  Apparently, SOSi’s recruiters have explained the validity of this policy as a way to avoid having to hire assignment coordinators.

In my opinion, Immigration court interpreters must keep in mind that SOSi’s contractor history and system is based on bidding subcontractors. That is how most Department of Defense contracts work (and remember, they are primarily a defense contractor) so I don’t see them changing strategy. All interpreters could be considered subcontractors bidding for a job every time there is a need for an interpreter.

This is the most critical hour for our immigration court colleagues because this is when experienced agencies and contractors put in practice their well-rehearsed tactics.  Some interpreters may decide to sign a contract even though the “promised, negotiated fee” is different from what the contract states, or it is hidden in an appendix or table. Immigration court interpreters will only achieve the dignified treatment they deserve, and has been denied for so many years, if they continue to speak with one voice, and it will get more difficult unless those with more experience and formal academic education step in and help their colleagues.  We must remember that fear can derail any project, and the immigration court interpreters are not a homogeneous group. Unlike conference interpreters, many of them interpret at a questionable quality level, others may think, deeply inside, that the ridiculous fees offered by the contractor are not so bad, some may live from paycheck to paycheck, and may decide to sign the draconian contract; and some of them may not really be freelancers, but employees with no steady job.

The truth is, that to get to a professional fee, the interpreters have to be willing to stay away from the immigration courts for as long as it takes, and during that time, if they are truly freelance interpreters, they will find their income doing so many other interpreting assignments. If they are really independent professionals, they will have to come to terms with the realization that well-paid immigration court interpreting will not be an everyday thing; it will be one of many other interpreting assignments that the true freelancer will have to cover. EOIR is a client. It is not an employer.

The contractor, SOSi, LionBridge, or any other has a responsibility to their shareholders, and that is fine. The federal government has budgetary limitations, and that is fine.  It is because of these undisputed facts that the independent immigration court interpreter needs to understand that to get the financial resources to cover his professional fee, the service will have to be more efficient. Less hours of work at the EOIR, but better pay.  That is how the freelancing world works, and all interpreters will need to understand it; otherwise, the lesson learned will not be the one this entry begins with, but instead, the lesson will be that once again, because of the interpreters’ lack of determination and unity, things will stay the same.  I ask my dear friends and colleagues not to waste this unique opportunity in their careers.

Although these lines merely contain my personal opinion, and in no way this pretends to be any legal advice for anybody, if I were facing the situation these immigration court interpreters in the United States have in front of them, I would hold on to signing anything until it is clear who stays and who does not. If SOSi stays, to become attractive to the interpreter community, they will probably make some changes to their contractual policy towards the interpreters. If there is a new different language services agency, I would wait to see what they have to say first. Also, for my peace of mind and for the safety of my professional future, I would never sign a contract after talking to the HR people. I would ask for the legal department because I would need to understand, and know, the contractual terms, and the likelihood that they will be honored by the language service provider. I now invite you to share your opinion with the rest of us, and for the benefit of as many interpreters as possible.

Historical time for the interpreter voice to be heard.

September 24, 2015 § 2 Comments

Dear Colleagues:

Now for several months, every time I talk to one of you, or I read something about the profession, there seems to be a common trend, a constant presence: Interpreting as a profession is been targeted by many different special interest groups.

There are those who seek a huge profit by applying technology and keeping the economic advantage of doing so without sharing with the interpreter, and in fact, reducing the fee they pay either by lowering the amount, or developing a series of strategies designed to leave the interpreter out in the cold.

Then you have those who want to make a living or “comply” with a legal requirement by lowering the standards of the profession, and setting rock-bottom requirements to work, or even creating a brand new branch of interpreting that they found inside the hat where they keep the rabbit. Stingy and ignorant local government agencies and some unscrupulous language training entities fit this description.

We even have the troubling developments that we are currently witnessing with the United States immigration courts, and the tragedy of a few years ago with the United Kingdom judicial interpreters; both of them leaving many of our colleagues in a horrible financial situation and “inspiring” other governments to emulate their questionable, and frankly despicable way of doing business.

Add to all of the above the ever shrinking fees at the courthouses and hospitals, the ever-deteriorating system of the federal court panel attorney payments for interpreting services in the United States, and the fewer conferences in many cities around the world.

At the time when the world population and media is more aware of the need of the interpreter than ever before, this tragic report could be depressing and discouraging; however, it can also be a unique time in history for the interpreting profession. You see, my friends and colleagues, I see what is happening all around us as a tremendous opportunity, which does not come along very often, to change our careers forever. I believe that the time has come for all of us to stand up and fight for the full professionalization and recognition of the extremely difficult and vital work we perform around the clock and around the world.

I firmly believe, and those of you who follow me on social media have noticed, that this is our time to seize the current situation and turn it into an opportunity to impact the interpreting profession for good. I honestly think that if we unite with our fellow translator friends and colleagues, who are going through a similar situation with lower fees, poor quality machine translations, and knowledge-lacking clients and agencies who want to treat them (and pay them) as proof readers and not as professional translators.  I believe that we have so many common interests and a shared desire to have our two professions respected and recognized once and for all.

These are the reasons why, despite my truly busy schedule and comfortable economic and professional situation, I decided to run for the board of directors of the American Translators Association (ATA)

As a total outsider who has decades of experience as an interpreter that has been successful at creating a name, providing a top quality service , and generating a pretty good income, I am convinced that I can offer you all, a voice within the board of the most important and influential interpreter and translator organization in the world. I will bring a different perspective: that of a true full-time experienced professional who has no strings attached to anyone or anything in the organization because of past dealings or compromises that past leaders sometime have.

I bring to the position my determination to tackle the important issues that put our professionalization at risk, such as deplorable negotiating positions before powerful entities who take advantage of their size and economic power; I want to be on the board to make sure that the certification standards proposed and applied by some entities who care about profit and not the quality of the service, do not continue; and if they do, that ATA will not recognize them as equivalent to a real certification or licensing program with the required professional standards.

I am convinced that if I am part of the board, the interpreter community will have a louder voice that reflects our size within the organization, not to argue or create roadblocks, but to enrich the debate with our perspective. Because of my constant travels all over the world, I know the problems faced by interpreters and translators at this time, and I also realize that many of them have the same source and therefore need a common solution.  My years of experience have given me the opportunity to meet so many of the ATA members of the board. There are many who I admire and respect. I have no doubt that we will get along and fight together for the organization, the individual interpreters and translators, but more importantly: for the professions.

Being an outsider to the leadership, but being also a member who is closely acquainted with the functions of a professional association, and participates in dozens of conferences and associations’ general meetings throughout the world, I think I can help the membership grow by simply presenting to the board the concerns and complaints I constantly hear everywhere, starting with: Why should I join ATA? What benefits will I get?

Dear friends and colleagues, for years ATA voting privileges were confined to the certified translators and a few interpreters. Presently, as a result of the associations’ recognition of its interpreter membership, you can become a voting member by a very quick and easy process that will take you less than five minutes. All you need to do is visit:  http://www.atanet.org/membership/memb_review_online.php

Please do it now as the eligibility to vote on this coming election will only include those who completed the process before the end of the month.

Once you are eligible to vote you have to choices: vote live during the ATA annual conference in Miami, or vote ahead of time. I suggest that you vote ahead of time regardless of your plans to attend the conference. This is too important to leave it to your good fortune and you never know what can happen.

Finally, I believe that we can accomplish many things together.  That we can contribute to the advancement of our profession and that of ATA by following these three simple steps: (1) Follow the link above and become eligible to vote. (2) Vote as soon as you can. Do not wait until the conference, and (3) Think carefully about who you are voting for. Thank you very much.

“Get an interpreter for that hearing, and try to spend as little as possible”.

March 13, 2015 § 6 Comments

Dear colleagues:

Every time I read an article about court interpreting, look at your social media posts, or have a face to face conversation with a court interpreter, I cannot help but notice how the working conditions constantly deteriorate. For some time we have witnessed how the court interpreting system of the United Kingdom was completely destroyed and our colleagues had to courageously fight back so the rest of the world knew what had happened in their country. Time continues to run, and nothing has been done to improve that system now run by an entity whose greatest achievement was to sink the quality of interpreting services to an unimaginable low. We have witnessed the difficult times that our colleagues who want to do court interpreting face in Spain. We have heard many stories of court interpreters around the world having to fight for a professional fee, a professional work environment, and respect to the profession.

The situation in the United States is also very sad. It is true that the enforcement of Title VI of the Civil Rights Act has left little choice to the states. Now, state-level courts that want to continue to receive federal funds must provide interpreting services to all non-English speakers who need to have access to the justice system. The new demand for court interpreters beyond criminal cases has “inspired” many court administrators and chief judges to act in new and more creative ways to satisfy the requirement of having an interpreter next to the non-English speaker, even when the quality of this professional service is at best doubtful. To this day, there are jurisdictions where the question is: Does a warm body fulfill the legal requirement of providing interpreter services? Sadly, in some cases the answer seems to be “maybe”.

But the state courts want to comply with the federal mandate, and it seems that some of them will stop at nothing in order to achieve their goal. A popular formula was born: “Get an interpreter for that hearing and try to spend as little as possible”. The origin of this strategy is not clear, but it is obvious that this solution was not conceived by an interpreter. This is not even the brainchild of an administrator who at least has a basic knowledge of the interpreting profession; moreover, this doctrine has been embraced by some federal level courts as well. Let me explain.

Some court administrators have implemented a fee reduction. Today, some interpreters get paid less for their travel time to and from the place where they will render professional services; they get a lower fee, less compensation per traveled mile (kilometer elsewhere in the world) no reimbursement for tolls and bridges, and other very crafty ways that some courts have devised to pay less for interpreting services.

Other courts have increased the level of “scrutiny” and now watch over the court interpreters’ shoulder while they are doing their job; not the way a client observes the work of a doctor, a lawyer, or any professional individual, but the way a person watches over the performance of the guys who dry your car when you take it to the car wash. Many times this breathing on your neck type of scrutiny is enforced by adding paperwork and bureaucratic requirements to the fee payment process. To the interpreters, this means more time spent in the payment process, while making the same money than before the new requirements were in place. They are effectively making less money than before.

Of course there are also courts that now pay a lower fee during the contracted time if the interpreter’s lips are not moving: They pay a partial fee for the break time and travel time, even though the interpreters, who sell their time, have allocated those hours, or minutes, to that court as a client. Now some courts are tossing high fives at each other because they paid the interpreter a full fee for 45 minutes of work and a reduced fee for the 15 minutes in between cases when the interpreter did not interpret because the judge had to go to the bathroom.

And there is more: some jurisdictions have removed themselves from the payment process in those cases when, due to a possible conflict of interest, the court assigns a particular case to a private independent defense attorney, who is a member of a panel of lawyers, who can be appointed to these cases in exchange for a fee that is paid by the judiciary. This jurisdictions do not accept the interpreters’ invoices anymore; they now require the panel attorney to process the interpreter’s invoice and payment, generating two very sad effects: (1) Sometimes, the interpreter will have to wait a long time to get paid because their payment processing is not a top priority to the lawyer, and (2) It will help to keep alive the idea that interpreters are second-class officers of the court who do not deserve the court’s trust, because it is clear that these jurisdictions opted for a system where the attorney will need to access the court’s computer system to process interpreters’ payments, which is “preferable” over a system where interpreters would have to be granted that same access to the system. Why? Because it is too much of a risk to take? You can arrive to your own conclusions, but the fact is that this policy is very demeaning.

My friends, when you see and hear about all these policy changes you have to wonder: As these new strategies were discussed and adopted, where were the court staff interpreters, and the judges, and the administrators who know what interpreting is about? And once they were implemented, why did the freelancers continue to work under these terrible conditions? I now invite you to comment on this policy changes, other rules you may have noticed somewhere else, and the reason why these changes are being implemented with so little opposition.

Please let the interpreter do the interpreting!

January 20, 2015 § 6 Comments

Dear colleagues:

We are in award season again!

This is the time of the year when most arts and sports associations honor the best in their profession during the past year. We just recently watched the Golden Globe Awards to the best in the movie and television industry according to the Hollywood foreign press; a few weeks earlier we saw on TV how a young American college football athlete received the Heisman Trophy, and in the days and weeks to come we will witness this year editions of the Academy Awards, Emmys, Grammys, and many others. It is true that most of these ceremonies are held in the United States, and for that reason, they are primarily in English. For people like me, the American audience, enjoying one of these shows only requires that we turn the TV on and watch the program. This is not the case everywhere in the world. There are many sports and movie fans all over the world who want to be a part of the whole award experience. The broadcasting companies in their respective countries know that; they understand that this is good business for their sponsors back home, so they carry the ceremony, in most cases live, even if it means a broadcast in the middle of the night.

The English speaking audience does not think about all the “little” things that a foreign non-English network has to do in order to provide its audience with the same experience we enjoy in the United States, Canada, the United Kingdom, and other countries where most of the people watching the broadcast will speak the same language that will be primarily spoken during the program: English.

As interpreters, even if we watch from an English speaking country, we know that there is a language/cultural barrier between those participating in the show and the audience watching at home. We know that an awards ceremony like the ones described above, can only be successful worldwide because of the work of the interpreters. We understand that without that magical bridge that interpreters build with their words there cannot be an Oscar Ceremony. Many of us have worked countless events where interpreters have to interpret live from a radio or television studio or booth. Even those colleagues who have never interpreted an award ceremony for a television audience have rendered similar services when interpreting live a televised political debate, or a live press conference that is being broadcasted all over the world. We all know that the interpreter plays an essential role in all of these situations.

Due to the complexity of this type of event, I was very surprised when a few days ago I turned on my TV to watch the ceremony of the Ballon d’Or on American TV. For those of you who are not very familiar with sports, the Ballon d’Or is the highest award that a football player (soccer player for my friends and colleagues in the U.S.) can receive from FIFA (the international organization that regulates football everywhere in the planet)

Because I was at home in Chicago, and because most Americans do not really follow soccer (football for the rest of the world) the only way to catch the ceremony live was on Spanish language TV. Unlike English speakers, Spanish speakers in the United States are as passionate about football as people everywhere else, so games and special events are always broadcasted by one of the Spanish language networks that we have in the U.S.

This time, the broadcast of the ceremony was on the Spanish language channel of Fox Sports, and to my dismay, instead of having interpreters in the studio, like most networks do, the channel used two of their bilingual presenters/commentators to convey what was happening in Switzerland where the ceremony was taking place. Because football is truly an international sport, there were many different languages spoken by the participants in the awards ceremony: English, Spanish, Portuguese, French, Italian, Japanese, German, and others that at this time I cannot recall. The feed of the ceremony had the original audio, but it was at the lowest possible volume. We could see how the original broadcast had interpreters for all those who needed them in the auditorium and for all those who were watching on TV (I suppose) all over the world. Unfortunately, in the United States we did not get the benefit of the professional interpretation; instead, we got one of the sports presenters’ rendition, not terrible, but incomplete, and in the third person, coupled with constant and extremely annoying interruptions by the second presenter (who probably speaks less English than his colleague) with comments and statistics that got on the way of the speeches. In other words, they deprived us of the well-planned and rehearsed event that the rest of the world watched, and instead, we had to settle for (1) incomplete renditions, a total lack of localization and cultural interpreting to put concepts in context (because it is not enough to know the language to convey the message in a proper manner to a specific and culturally diverse audience) and (2) comments and “explanations” totally irrelevant to the events we were watching on the screen. I am sure this sports presenter knows his football, but a lack of understanding of what is being said in that precise moment always renders the most accurate comment annoying when the audience can see that it has nothing to do with the things happening on stage.

Now, I know that the two sports commentators had the best intentions; I even think that it was hard for them to do the broadcast, and I have no doubt they tried their best. The problem is, dear friends and colleagues, that the network, a very wealthy one, either decided to save some money by using their own “talent” instead of retaining the services of two professional interpreters, or they think so little of the message that their audience should be able to understand during an event of this importance, that they see no difference between the job their sports commentators did and the rendition by professional interpreters. I think that in a globalized market where people see and hear what happens everywhere in a matter of seconds, broadcasting corporations need to be more careful and understand that the job of a presenter is very different from the job of the interpreter. Moreover, the audience knows. They can tell the difference between an event with a real professional interpreter who is interpreting a press conference, a political debate, or a boxing match, and these sad situations where the people charged with the responsibility to convey what is being said are not equipped to deliver the results. All we are asking the broadcasters is to let the interpreter do the interpreting. Nothing more.

I invite you to share with the rest of us other situations where you have witnessed a bad rendition on a radio or TV broadcast, and to tell us about the current situation in your local market. We want to underline the mistakes, but we also want to recognize those local companies who are doing the right thing and retaining you to do these live interpreting assignments.

Military Interpreting: For many interpreters the least known part of the profession.

November 10, 2014 § 11 Comments

Dear colleagues:

The National Association of Judiciary Interpreters and Translators in the United States (NAJIT) recently published an article I wrote on military interpreting in its official publication “Proteus.”

Military interpreting has always inspired me. I have the greatest respect and admiration for all those language professionals who serve their countries in harm’s way. For this reason, and motivated by my desire to share something about this part of our profession with all those who live abroad and maybe did not see the article, I have decided to post a version of this article with the needed changes to fit a blog format and honor my commitment to NAJIT. On this Veteran’s Day, I invite you to read it and to share your thoughts with the rest of us.

The conquest of Gaul by Caesar in 58 BC, Hannibal’s march across the Alps in 218 BC, the defeat of Persia by Alexander the Great in 334 BC, the Mongol invasion of China in 1279 AD and Napoleon’s victory over the Third Coalition in 1805 have at least two things in common: They are among the greatest military campaigns in the history of the world, and they all involved two or more nations that spoke different languages. On the afternoon of April 9, 1865, General Ulysses S. Grant arrived at a small courthouse to meet with General Robert E. Lee. After four years of war Lee had come to Grant to bring the American Civil War to an end. The two generals had a quick chat about a time they met each other in Mexico during the Mexican-American War, politely negotiated the terms of surrender, signed the agreement, and then waved each other off. The whole thing was over in just a couple of hours. Surrenders can be much easier when both parties speak the same language.

The first interpreter appears in history some 45,000 to 60,000 years ago when the Homo sapiens first met the Neanderthals and realized that they could not communicate. That first interpreter could have been a commercial/trade interpreter (unlikely) or a military interpreter that helped negotiate territorial borders, travel rights, and other related matters; perhaps a surrender, maybe a declaration of war. We all know what is the oldest profession, but unlike translation that appears when humans develop a writing system, I am convinced that interpreting is the oldest bilingual profession in the world. Ever since that time, human groups have made war and they have used the services of soldiers and sailors who spoke the enemy’s language. Military interpreting is as old as humans.

What is military interpreting?

military interpreter is a commissioned officer of an armed force who interprets and/or translates to facilitate military operations. According to the United States Army careers and jobs description, a military interpreter is an individual primarily responsible for interpreting and sight translating between English and a foreign language who will first require nine weeks of basic combat training followed by advanced individual training to learn the skills that are required to perform interpreter support in several areas such as checkpoints, medical support, training host nation armed forces, VIP escort, and cultural awareness.   Interpreter officers are used extensively in multinational operations in which two or more countries do not share the same language, or in expeditionary missions where communication with the local population is crucial. Interpreter officers also work in the intelligence gathering and analysis together with civilian interpreters, translators, and analysts. In other words, military interpreting is an essential activity within a country’s armed forces during war and peace times.

A military organization’s demand for interpreters and translators changes according to the location of the military conflict. During the Cold War years the United States military and intelligence services placed particular emphasis on Russian, German, and other languages spokes behind the iron curtain. After September 11, 2001 the demand shifted to Arabic languages such as Arabic, Farsi and Pashto. In recent years there has been a resurgence of the need for French interpreters and translators because of the developments in Northern Africa and the Middle East.

The armed forces need for interpreters and translators also changes depending on the type of war being fought. During World War II the orders were to shoot all soldiers wearing an enemy uniform and interpreters were needed to interrogate prisoners of war, sight translate intercepted messages, and negotiate with enemy commanders. During the Vietnam War and the conflict in Afghanistan things were quite different, U.S. personnel were fighting against guerilla armies with no identifiable uniforms; for this type of military action interpreters are required to develop a close and trusting relationship with the locals; this requires a certain knowledge of the culture and social structure of those whose trust the interpreter needs to gain. In a war zone an interpreter could mean the difference between life and death for soldiers and sailors. The interpreter could overhear, as it has happened, part of a conversation about an ambush or an assassination. Spanish language military interpreters are generally used for natural disaster relief operations and for security checkpoints. Although the United States has no armed conflict with any Spanish speaking country, the fact that there are millions of Spanish speakers in the United States who do not speak English, and its geographical location, make of Spanish a very important language for military interpreting and translating.

Behind the lines interpreters play an important role in logistics and diplomacy. When an elected official visits a military base, military interpreters serve as escort interpreters for said dignitaries. They also participate in media relations with local news agencies, and in the acquisition of supplies from local merchants. Interpreters also listen to radio reports, watch local TV stations, and skim newspapers to gather information about local issues.

Who are the military interpreters?

Military interpreters have been essential to most historical events in the world. Besides the examples mentioned above, we can think of the arrival of the Spaniards to Mexico and Peru where interpreters like Malintzin and Felipillo played a prominent role during the conquest. Spanish conquistador Hernán Cortés first met Malintzin after he defeated the Maya-Chontal forces in what is now the western part of the Yucatan peninsula. At the beginning, while she learned Spanish, Cortés used her as his Chontal Maya <> Náhuatl interpreter. She worked together with Gerónimo de Aguilar, a Spanish priest Cortés freed from the Mayans after years of captivity and knew Chontal, doing relay interpreting. It wasn’t long before she learned Spanish and Cortés realized how skilled she was, so she became his personal interpreter. She also taught Aztec culture to Cortés, and even protected him by warning him of an assassination attempt that had been planned while they were staying in Zempoala, the same way modern-day military interpreters are trained to do if they ever find themselves in that situation. After Columbus’ discoveries at the end of the 15th. century were known in Europe, and the Spanish conquistadors got to the Americas at the beginning of the 16th. century, they arrived to conquer and submit. It was a military enterprise, not a good-will tour; thus the interpreters that aided Cortés, Pizarro and the other Spanish commanders were military interpreters, not diplomatic linguists. It is extremely important to keep in mind that most of these native interpreters, including Malintzin and Felipillo, were not citizens of the big empires the Spanish army was fighting against. They were members of other native nations that had been submitted, oppressed, and exploited by the powerful Aztec and Inca Empires.

Military interpreters come from all walks of life. In the United States they mainly come from three different places: The military officers and regular members of the armed forces; civilians who have some foreign experience and language skills such as former foreign service officers who have spent time abroad working in embassies and consular offices; and local foreigner civilians from the conflict area who speak the required language as their mother tongue and have proficiency in English.

In the United States the 223rd. Military Intelligence Battalion provides interpreting, translating, counter-intelligence, and interrogation services, supporting the Army and the rest of the intelligence community. Many of the civilian and military officers who want to become interpreters attend the Defense Language Institute, a United States Department of Defense educational and research institution which provides linguistic and cultural instruction. The Defense Language Institute’s (DLI) primary foreign language school and training of trainers center are at the Presidio of Monterey, California, and it issues Associate of Arts in Foreign Language degrees to those students who come from the Army, Navy, Marine Corps, Air Force, and law enforcement agencies to study one of over 40 languages that are taught at this facility. DLI (through the Foreign Service Institute of the U.S. Department of State) has a facility in the Washington, D.C. area where it provides training in languages not taught at the Presidio of Monterey, and a location al Lackland Air Force Base in San Antonio, Texas. In recent years the United States Department of Defense has held some innovative courses like the Military Translation and Interpretation Training Pilot Program developed by Cyracom International for the Defense Language Institute. The United States Army currently has 14,000 “soldier-linguists” stationed around the globe. Compare this figure to the mere 1,000 interpreters who are certified to work in the United States Federal Court system in Spanish, Haitian-Creole, and Navajo. Of late, the U.S. Armed Forces have been relying more on outsourcing these services to private contractors. This is big business if you consider that in 2007 one of the largest language services contractors in Afghanistan was paid $700 million to provide about 4,500 interpreters and translators. Many of these interpreters are excellent and their language pairs are in high demand, so it is expected that once they leave the Armed Forces they will definitely impact the civilian language services market in the United States and abroad

What do military interpreters do?

Like all interpreters, military interpreters do consecutive and simultaneous interpretation as well as sight translation; however, the way the services are rendered and the environment where they are provided are very different from other types of interpreting. Sight translation is a very important part of their work. There are two kinds of sight translation: The “traditional sight translation” used primarily for strategic and intelligence purposes, and the more widely used summary sight translation. This type of sight translation is used during house searches, enemy searches and searches of local civilian population. The interpreter looks at the document, skins through it, and summarizes its contents for his superior officer. Then the superior officer decides, based on the information provided by the interpreter, if the document merits a more detailed sight translation or even a written translation. Keep in mind that many times during a search soldiers may come across a foreign document written in a language that does not use the Roman alphabet; summary sight translation helps the officer to differentiate a laundry ticket from the directions to build a bomb.

The most commonly used interpretation is a combination of simultaneous and consecutive rendition. When negotiating with the local elders or with enemy forces, interpreters often simultaneously interpret to their superior officer what the counterpart is saying. They do this by whispering into the superior officer’s ear; next, they interpret the superior officer’s words (questions and answers) to the counterpart using a consecutive rendition. Of course, this can vary depending on the number of officers the interpreter is interpreting for; if there are several, then the interpreter will do everything consecutively. The interpreter’s courage and skill are admirable as very often they perform the work under adverse circumstances such as choppers flying over their heads, shots being fired at them, or being surrounded by wounded people crying for help. All of it as they try to interpret and carry a weapon at the same time. Kathryn Bigelow’s movie: “Zero Dark Thirty” shows the role of the military interpreter throughout the film. There is one scene where an interrogation is being conducted through an interpreter performing (as it happens in the real world) a consecutive rendition. And of course, there is the sequence at the end of the movie when during the raid a navy seal turns to the interpreter and tells him to ask a young woman if the man they just shot was Bin Laden. You see the interpreter (previously seen getting off the chopper in full gear alongside the seals) pulling the woman aside, asking her, and reporting back to his superior.

Essential principles of military interpretation (Ethical considerations)

Because of their function, military interpreters work under a different code of professional responsibility. Yes, they are ethically bound to do a professional job, to interpret with accuracy, to prepare for the assignment and to interpret to the best of their ability. They are also ruled by a different set of values and constraints: A military interpreter’s top priority and obligation is to his country and to his fellow soldiers, sailors, marines, or airmen. His rendition can and should suffer when he must take care of other priorities such as cover a fellow soldier, take cover himself, assist a wounded soldier, or comply with an order from a superior officer. Their loyalty is to their platoon or battalion. They are not neutral communicators; they are partial and serve one side: their armed forces. Military interpreters are required to interpret everything that the enemy or counterpart says, but they should only interpret back what they are told to interpret. If a superior officer tells them not to interpret to the counterpart either a portion of a speech or a paragraph of a letter, they must remain silent. They are always on duty as they may come across valuable intelligence at any time. It is important to understand that military interpreters are the only interpreters who work in an environment where one of the parties may be the enemy, and may want to kill him. Other interpreters, even court and diplomatic interpreters work in scenarios where there is an adversarial situation, but never with an enemy. Military interpreters are the only ones who hold a weapon while doing their rendition, and the only ones who, if necessary, have to be prepared to shoot one of the persons they are interpreting for. Military interpreters are motivated and moved by the highest principles of love of country and protection of their fellow citizens. This is important because the ethical justification to their job comes from this top values that most societies embrace. Military interpreters go to work every day ready to give their life for their country, and indeed this is common occurrence. Native military interpreters work under tremendous pressure and face incredible danger. They are repudiated by a big chunk of their communities, and are considered traitors by many. American military interpreter officers and enlisted personnel are at constant risk of fire and roadside bombs. Not long ago State Department Foreign Service Officer Anne Smedinghoff and her escort military interpreter were killed in Afghanistan while participating in a book give-away to local Afghan kids. She was 25.

The future of military interpreting.

A very pressing issue about the future of military interpreting has to do with another ethical and moral question: Should the nations who hire local military interpreters protect them after the conflict is over, and should these governments take the interpreters with them when they leave? This is a question that many military interpreters in Iraq and Afghanistan are asking and to this day they have not received a clear answer. Countries like the United States, Canada, the United Kingdom, France, Germany, Spain and Australia need to decide how they are going to handle this delicate situation. A negative or an affirmative answer that comes too late could have an impact on the recruitment of local military interpreters in the future.

As already stated, military interpreting has always been around and it is expected to continue to be an essential component of the armed forces. Languages may change and tactics could differ, but the profession as such will remain basically the same. One day military interpreters may not need to put themselves in harm’s way. The U.S. military already has automated airplanes and it is working on the development of a robot interpreter. In April 2011 the defense Advanced Research Projects Agency (DARPA) issued a call to tech companies to design a robot interpreter that must be able to perform sight translations and interpret local gestures as well. It is unlikely that the armed forces will turn over their military duties to a machine, especially in the near future, but maybe space travel will be a place where robotic military interpreters will star their careers as the new “rookies” in the profession.

Although the Pentagon will not turn over its military interpreting and translation services to a machine or to a computer programmer in the near future, military interpreters will have an unprecedented impact on our profession during peacetime. Every day very capable military interpreters are coming back to civilian life, and they are joining civil society with language pair combinations that not long ago were next to impossible to get. These professional interpreters will flood the market with a new kind of interpreter: one who is used to work under a lot of stress and in very tough conditions, one that will bring to the table language skills and the cultural knowledge of their clients; if the government lives up to its promise and does not abandon those local military interpreters who served during the war, we may be able to choose native speakers for these assignments. That would certainly be a wonderful way to write the final page on the armed conflicts that we have lived now for over a decade, and a way to thank our military servicemen and women who worked as military interpreters, and at the same time render tribute to this little known but vital part of our profession. Now I invite you to share your thoughts on military interpreting with the rest of us.

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