The U.S. Armed Forces and Memorial Day.u

May 28, 2018 § 4 Comments

Dear Colleagues:

On the last Monday of May we observe Memorial Day all over the United States. Many friends and colleagues have asked me who do we honor and why. Others confuse Memorial Day with Veterans Day. Memorial Day is a federal holiday for remembering the people who died while serving in the country’s armed forces.  It also marks the start of the unofficial summer vacation season throughout the nation. Memorial Day is a day of remembering the men and women who died while serving, while Veterans Day celebrates the service of all U.S. military veterans.

On Memorial Day, the flag is raised briskly to the top of the staff and then solemnly lowered to the half-staff position, where it remains only until noon.  It is then raised to full-staff for the remainder of the day. The half-staff position remembers the more than one million men and women who gave their lives in service of their country. At noon, their memory is raised by the living, who resolve not to let their sacrifice be in vain, but to rise up in their stead and continue the fight for liberty and justice for all.

Now that we clarified what Memorial Day is, let’s talk about the armed forces of the United States. There are five branches of American armed forces: the Army, Marine Corps, Navy, Air Force, and Coast Guard. The President of the United States is the Commander in Chief.

The United States Army is the largest branch of the armed forces and performs land-based military operations. With the other four branches of the armed forces, plus the Public Health Service Commissioned Corps, and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, is one of the seven uniformed services of the United States.

The United States Marine Corps is a branch of the armed forces responsible for providing power projection using the mobility of the Navy, to deliver rapidly, combined-arms task forces on land, at sea, and in the air.

The United States Navy is the naval warfare service branch of the American armed forces. It is the largest Navy in the world, with the world’s largest aircraft carrier fleet.

The United States Air Force is the aerial warfare service branch of the armed forces, and it is the largest and most technologically-advanced air force in the world.

The United States Coast Guard is a maritime, military, multi-mission service unique among the U.S. military branches for having a maritime law enforcement mission (with jurisdiction in both domestic and international waters) and a federal regulatory agency mission as part of its mission set. It operates under the U.S. Department of Homeland Security during peacetime, and can be transferred to the U.S. Department of the Navy by the president of the United States at any time, or by the U.S. Congress during times of war.

To complete this brief description of the United States armed forces, I would like to explain the Joint Chiefs of Staff.

The Joint Chiefs of Staff is a body of senior uniformed leaders in the United States Department of Defense who advise the president, the secretary of Defense, the Homeland Security Council, and the National Security Council on military matters. The composition of the Joint Chiefs of Staff is defined by statute and comprises the Chairman of the Joint Chiefs of Staff, the Vice Chairman, the Military Service Chiefs from the Army, Marine Corps, Navy, and Air Force; and the Chief of the National Guard Bureau, all appointed by the President following Senate confirmation. The Chairman of the Joint Chiefs of Staff is, by U.S. law, the highest-ranking and senior-most military officer in the United States armed forces and is the principal military advisor to the president, National Security Council, Homeland Security Council, and secretary of Defense.  Even though the Chairman of the Joint Chiefs of Staff outranks all other commissioned officers, he is prohibited by law from having operational command authority over the armed forces; however, the Chairman assists the President and the Secretary of Defense in exercising their command functions.

I hope you find this information useful and I hope that it may come in handy when interpreting national defense or military issues involving the United States. I now invite you to add any additional information you may consider useful and relevant to our practice as professional interpreters.

In tough times: Raise your fees!

May 14, 2018 § 6 Comments

Dear colleagues:

Globalization has created a world market where we all compete, regardless of our location. Although this has raised professional fees for some colleagues in places with small economies, it has hurt most interpreters to a different degree, depending on whether they stuck to their local economy and clients, or they went to the international market and taking advantage of new technology acquired clients they would have never even considered before globalization. In a market like the United States, with very high speed internet, thousands of airports and flights to every corner of the planet, and a very reliable infrastructure, many of us felt no downturn in our business; in fact, we benefited from the change.

Unfortunately, and without getting into politics, some recent U.S. government decisions, and later changes to the way we did business and conducted our international relations, have created a state of uncertainty, and sometimes resentment, which have affected our profession.

Some of the conferences and international events we had interpreted for many years have been cancelled; others have been moved to other countries due to the uncertainty on the admission of visitors to the United States, as the organizers avoided the risk of investing on a project that a significant segment of attendees could not attend because of their country of origin. For the same reason, many international programs at universities, non-for-profit organizations, and government agencies have been considerably downsized or postponed. The situation for community interpreters is not any better, because less foreigners in the country means less litigation and less foreign investment, which impacts court and legal interpreters; and when foreigners visit the United States less frequently, they use hospital and medical services at a lower rate. This hurts healthcare interpreters.

Faced with this reality, it was time for me to decide how I was to continue to enjoy the same income level despite the new reality we are living; and turn this poison into medicine and even generate more income than before.

Many freelancers get scared when they find themselves in this position, and their first impulse is to lower their fees to keep the clients they have, and to advertise their services at a lower fee than before. They operate under the false idea that money is the main motivator in a client decision making process.

Fortunately, my professional experience has showed me that quality trumps price in everything a client values. That is why people spend more money on a better doctor, a safer airline, and a renowned university. All have cheaper alternatives, but with the things people value the most, there is always a thought that crosses their mind: “It is more expensive but, if not for this, what is money for?” At that point I decided to raise my professional fees.

With this in mind, I carefully studied my client portfolio and classified my clients according to their business value, considering the income they produce me, how frequently they require of my services, the affinity of the type of work I do for them to my personal interests, and the prestige a certain client brings to you in the professional world. I considered a separate category for difficult clients, but to my surprise these were very few, and I needed them for my plan to work.

I immediately realized there were clients on that list I wanted to keep no matter what, and there were others that I would lose regardless of my best efforts. They were in a category where my work was not one of those services that they value the most.

I approached my clients according to how badly I wanted to keep them. If I really wanted them, I would explain this change in person when possible, or by phone or Skype if they were abroad or if their schedule could not fit me within a reasonable period of time. Next, I decided to contact the rest by e-mail on a carefully worded communication that was clear, not too long, and that ended with an open invitation to discuss this raise in more depth in person or by phone if they wanted to do so.

It would be a conciliatory email. No ultimatums, or “take it, or leave it” type of notice. I was out to make friends, not to fight with my clients. I knew that I had two things working in my favor: They already knew my work, and I already knew how they like their interpreting.

For my strategy to succeed, I needed to present my proposal to somebody with the authority to decide. Talking to somebody down the totem pole would be a waste of my time. I decided that I would only talk or write to owners of small companies or agencies, and to senior management in larger corporations, organizations, and government agencies. (There is a video on this subject on my YouTube Channel).

I drafted a talking points memo to be used with my “A” list clients when I told them I was raising my fees. The points I would make to the client had nothing to do with globalization, current American politics, or the uncertain future interpreters were facing in the United States. I recapped the successes we had in the past, and I listed some of the professional things I do for them that are not always found in other interpreting services, but I was not heavy about it. I figured that if they had agreed to talk in person or by phone, it was because they already considered me an asset to their company. It was all about the quality of my professional service and the time and effort I would devote to the success of their conferences, projects, and other events.

I lost some clients, none from the “A” list, all those who stayed with me are now happily paying the new higher fees as they are now getting a more personalized service, and because of this new practice, I have acquired new clients, who were in part, referred by my old clients who stayed with me despite the raise. We now have a better working relationship because they know more about what I do, and their internal decision making process to continue working with me made them realize my true value for their organization.

The lesson learned, dear friends and colleagues, is to face adversity with a cool mind, refuse to give in to fears and peer pressure, and with confidence and self-assurance face the problem and win. It is always better to make more money when appreciated, and an added benefit is that instead of contributing to an even bigger depression of our market, you will do your part to pull it out of the shadows of uncertainty. I now invite you to share with the rest of us what you are doing to win as a professional interpreter in this new reality of globalization and political uncertainty.

Ignoring court certifications is turning fashionable.

April 23, 2018 § 4 Comments

Dear colleagues:

Legal certainty is the foundation of any system of justice administration. Modern society cannot function in an environment where people are afraid to act because they ignore the outcome of their efforts. Human creativity and progress need a certainty that a set of actions will produce a desired outcome, and the peace of mind fostered by an absolute trust in an honest, capable and independent judge who will clarify what is confusing and decide what is contested according to law and equity.

All civilized nations enshrine these principles in their national constitution and create international courts of justice to address controversies that go beyond their own jurisdiction. To work, this system requires of honest, independent, capable, skilled, and knowledgeable professionals who serve as judges, attorneys and other officers of the court, including court interpreters.

No legal system can be fair when some are denied access to justice because of the language they speak, and no access to the administration of justice can be effective unless its services are provided by skilled professionals who have met rigorous standards set by the authority under the principles of equal justice uncompromised by expediency or convenience.

Every day we see how more nations adopt these principles, sometimes because of the realization of the truths above, and sometimes because the change is imposed by the unstoppable waive of globalization. Countries have changed their legal systems to incorporate these values, and as part of these changes, they have adopted legislation requiring court interpreters to be professional, ethical, skilled and knowledgeable. Some have called this process certification, others licensing, concession of patent, accreditation, etcetera.

Countries like the United States have developed a solid and reputable system of certification at both levels of government: federal and state.  Because the overwhelming majority of non-English speakers in the U.S. speak Spanish, all states and federal government have developed a certification process (licensing process in Texas) for Spanish language court interpreters. The federal government has issued federal court interpreter certifications in Navajo and Haitian Creole as well. To satisfy their local needs, states have adopted certifications for the most widely spoken languages, other than Spanish, in their jurisdiction; these certifications vary depending on the demographics of each state. Both, the federal and state judiciaries have adopted a system to classify court interpreters of languages without certification program as accredited or qualified.

Court interpreter certifications guarantee litigants and judges those officers of the court who provide interpreting services in a court procedure have demonstrated, through a rigorous scientific testing process, to have the minimum required skills, knowledge, and ethics to practice as professional certified court interpreters. Accredited and qualified court interpreters give litigants and judges an assurance that the federal or state system in charge of language access services was convinced of the skill, moral character and professionalism of these interpreters by alternate means to the certification process non-existent for that language combination.  It all boils down to the basic principle of legal certainty.

Many countries have a dual system of administration of justice: There is a judiciary as an independent branch of government that decides controversies between individuals, government entities, and in criminal cases. There is also a sui-generis administrative court system that exists not as a part of the judiciary or as an independent branch of government, but as an independent entity within the executive branch at both: federal and state levels. These administrative courts deal with civil law controversies of the administrative type where individuals dispute certain actions, benefits, entitlements, and rights that must be protected, conferred, or denied by an agency of the executive branch of government. The best known administrative courts in the United States are Immigration, Social Security and Workers’ Compensation.

Because these administrative courts are not part of the judicial branch of government, rules, policies and requirements pervasive in the judiciary do not extend to these so-called Article 1 Courts (because they are created by legislation, not the constitution) as opposed to Article 3 Courts (created by Article 3 of the U.S. Constitution). Rigorous criteria for court interpreter certification, created for legal certainty, are not applied or followed by most administrative courts, leaving the door open to those seeking shortcuts, opportunity, and financial gain with absolute disregard for judicial certainty and the best interests of the parties to a controversy.

A few weeks ago the Immigration Courts in the United States (Executive Office for Immigration Review, or EOIR) publicly announced they were hiring Spanish language interpreters nationwide to work in the immigration courts. Although this would place these interpreters directly under the supervision and control of the court, a big improvement over having people providing interpreting services in immigration court under the supervision of SOSi, the well-known language services provider that earned the contract by bidding lower than the rest, it is still bad policy that will eventually harm those who go to immigration court seeking relief.

EOIR’s announcement requires no reputable universally accepted court interpreter certification (federal or state level). It only requires candidates to pass a test with no scientific validation offered online.

This tendency to retain lesser qualified individuals for matters that could eventually affect someone’s life forever, such as a removal or an asylum case, is echoed by those who also settle for less interpreting quality in exchange for more money and argue that non-certified court interpreters, even if healthcare certified, or those who take cover under the unrecognized so-called “community interpreter” credential, are qualified to interpret depositions!

Depositions are a very delicate legal proceeding because they take place outside the presence of a judge. This means they require of an even more experienced certified court interpreter, not a lesser qualified paraprofessional. The most complex litigation, the ones involving enormous amounts of money, the ones often dealing with conflict of jurisdictions and legal systems, those governed by international conventions, and for those very reasons, the ones where interpreters earn the highest fees, always start with depositions very difficult even for many seasoned court interpreters.

Multi-million dollar lawsuits, intellectual property infringements, trade wars between nations, the livelihood of an injured worker who will never work again, removal proceedings that will keep a person outside the country for the rest of her/his life, asylum hearings, often an applicant’s last hope to protect her/his life, liberty and family unity are not less complicated cases. We cannot leave the administration of justice for those who do not speak the language of the court, judicial or administrative, in the hands of greedy agencies, ignorant unscrupulous authorities, and opportunists and incompetent paraprofessionals. I now invite you to share your thoughts on this topic and the disturbing tendencies we see.

The confusing list of holidays in the United States.

February 15, 2018 § 3 Comments

Dear colleagues:

Many colleagues who live abroad, and others who live in the United States but grew up somewhere else, have asked me about the holidays in the United States.  Many visitors to the U.S. are often confused when they see holidays where everything is closed, holidays where some things are closed, and holidays where everything is closed in one place and open somewhere else. I thought this was a good time to explain our unique holiday schedule because on the third Monday in February, we observe Presidents’ Day, our third federal holiday of the year.  This apparent chaos is really a manifestation of the fifty states’ sovereign powers, and the result of the different history, culture, origins, interests, and values of each one.

The United States is a federation of fifty states and each state has its own legislation and decision-making process.  Because of this system Americans have two types of holidays: Those determined by the United States Congress, and observed in all fifty states, are called federal holidays; and those that have been declared by state and local governments, and are only observed in a specific state, county, or city.  The latter ones are state or local holidays.  By comparison with other countries the United States has very few federal holidays, but the states are a different story.

All federal government offices close on federal holidays but the state and local governments remain open unless the federal holiday is also a state holiday.  Federal government offices continue to work on state holidays, and sometimes, only city or county offices may close for the day in observance of a local holiday to honor a local hero or commemorate an event of great importance at the city level. Unless they are government workers, Americans go to work on many holidays. To the foreign observer, a good rule to remember is that on federal holidays, all federal government offices, banks, and the post office will be closed. On state holidays, all state government offices and public schools will be closed. The rest of the American people will have the day off during major federal holidays, and the citizens of a particular state will not have to work on a local holiday, even if the rest of the country does. It is only on major holidays, which are observed at the state and federal level, that everybody enjoys a day away from the workplace.

On January 1, 1971 Congress passed the “Uniform Monday Holiday Act” which shifted most holidays to a Monday in the month where the original holiday was observed.  The states followed the same system shortly after.  There are 10 federal holidays in the United States:

New Year’s Day. January 1*

Martin Luther King Jr. Day. Third Monday in January

Presidents’ Day. Third Monday in February

Memorial Day. Last Monday in May*

Independence Day. July 4*

Labor Day. First Monday in September*

Columbus Day. Second Monday in October

Veterans Day. November 11

Thanksgiving Day. Fourth Thursday in November*

Christmas Day. December 25*

*Major federal holidays.

All government offices are closed on them all.

Except for Presidents Day and Veterans Day, all 50 states observe the rest of the federal holidays as state holidays. The states that do not observe Presidents Day as a state holiday are:

Delaware

Georgia

Indiana

Iowa

Kansas

Kentucky

Louisiana

North Carolina

Rhode Island

Wisconsin

Some states opted out of this holiday because they honor Washington and Lincoln on a different date.

The only state not to observe Veterans Day is Wisconsin. At the inception of Martin Luther King Jr. Day, some counties in Arizona considered not observing the holiday.

There are many reasons for the states’ holidays, some are historical, like Mississippi’s Robert E. Lee’s Birthday in January, Hawaii’s King Kamehameha Day in June, or Massachusetts’ Patriots Day in April. Other are cultural, like California’s Cesar Chavez Day in May, or Maryland’s American Indian Heritage Day in November. Other holidays have a practical reason to exist, like Indiana’s Primary Election Day in May, and General Election Day in November; some are for convenience like designating the fourth Friday in November as a holiday, under different names, in many states, and some are religious, like Kansas’ Christmas Eve in December, or Delaware’s Good Friday. There are also local holidays observed in a particular city or county, not the rest of the state. To honor Casimir Pulaski (Kazimierz Pulaski), a War of Independence hero born in Poland, the City of Chicago, and Cook County, Illinois, observe Pulaski Day on the first Monday of every March. On that day, Chicago and Cook County government offices are closed, and children leaving in Chicago do not go to school.

Some states have no state holidays. The following States have no State holidays, only federal:

Arizona

Colorado

Florida

Idaho

Oregon

Wyoming

Also keep in mind there are certain “celebrations in the United States” that are treated like holidays even though they are not: Super Bowl Sunday in February, Cinco de Mayo in May, and St. Patrick’s Day in March are not official holidays and everybody works on those dates.

This is the complete list of all state holidays in the United States by state:

Alabama

Mon Jan 15 Robert E. Lee’s Birthday

Tue Feb 13 Mardi Grass Day

Mon Apr 23 Confederate Memorial Day

Mon Jun 4 Jefferson Davis Birthday

Alaska

Mon Mar 26 Seward’s Day

Thu Oct 18 Alaska Day

Arkansas

Mon Jan 15 Robert E. Lee’s Birthday

Mon Feb 19 Daisy Gatson Bates Day

Mon Dec 24 Christmas Eve

California

Sun Feb 4 Rosa Parks Day

Sat Mar 31 Cesar Chavez Day

Fri Nov 23 Thanksgiving Friday

Connecticut

Mon Feb 12 Lincoln’s Birthday

Fri Mar 31 Good Friday

Delaware

*Does not observe Presidents Day

Fri Mar 30 Good Friday

Tue Nov 6 General Election Day

Thu Nov 8 Return Day

Fri Nov 23 Thanksgiving Friday

District of Columbia

Mon Apr 16 DC Emancipation Day

Georgia

*Does not observe Presidents Day

Mon Apr 23 Confederate Memorial Day

Fri Nov 23 Georgia State Holiday

Mon Dec 24 Washington’s Birthday Holiday (Following year on Dec 26)

Hawaii

Mon Mar 26 Prince Jonah Kuhio Kalanianaole Day

Fri Mar 30 Good Friday

Mon June 11 King Kamehameha Day

Fri Aug 17 Statehood Day

Tue Nov 6 General Election Day

Illinois

Mon Feb 12 Lincoln’s Birthday

Tue Nov 6 General Election Day

Fri Nov 23 Thanksgiving Friday

Indiana

*Does not observe Presidents Day

Fri Mar 30 Good Friday

Tue May 8 Primary Election Day

Mon Oct 8 Columbus Day

Tue Nov 6 General Election Day

Fri Nov 23 Lincoln’s Birthday Holiday

Mon Dec 24 Washington’s Birthday Holiday (Following year on Dec 26)

Iowa

*Does not observe Presidents Day

Kansas

*Does not observe Presidents Day

Fri Nov 23 Thanksgiving Friday

Mon Dec 24 Christmas Eve

Kentucky

*Does not observe Presidents Day

Fri Mar 30 Good Friday

Fri Nov 23 Thanksgiving Friday

Mon Dec 24 Christmas Eve

Mon Dec 31 New Year’s Eve

Louisiana

*Does not observe Presidents Day

Tue Feb 13 Mardi Gras Day

Fri Mar 30 Good Friday

Tue Nov 6 General Election Day

Maine

Mon Apr 16 Patriots Day

Mon Oct 8 Columbus Day

Fri Nov 23 Thanksgiving Friday

Maryland

Mon Oct 8 Columbus Day

Tue Nov 6 General Election Day

Fri Nov 23 American Indian Heritage Day

Massachusetts

Mon Apr 16 Patriots Day

Mon Oct 8 Columbus Day

Michigan

Tue Nov 6 General Election Day

Fri Nov 23 Thanksgiving Friday

Mon Dec 24 Christmas Eve

Mon Dec 31 New Year’s Eve

Minnesota

Fri Nov 23 Thanksgiving Friday

Mississippi

Mon Jan 15 Robert E. Lee’s Birthday

Mon Apr 30 Confederate Memorial Day

Fri Nov 23 Thanksgiving Friday

Missouri

Mon Feb 12 Lincoln’s Birthday

Tue May 8 Truman Day

Montana

Mon Oct 8 Columbus Day

Tue Nov 6 General Election Day

Nebraska

Fri Apr 27 Arbor Day

Mon Oct 8 Columbus Day

Fri Nov 23 Thanksgiving Friday

Nevada

Fri Oct 26 Nevada Day

Fri Nov 23 Family Day

New Hampshire

Mon Oct 8 Columbus Day

Fri Nov 23 Thanksgiving Friday

New Jersey

Fri Mar 30 Good Friday

Mon Oct 8 Columbus Day

Tue Nov 6 General Election Day

New Mexico

Mon Oct 8 Columbus Day

Fri Nov 23 Presidents Day Holiday

New York

Mon Feb 12 Lincoln’s Birthday

Mon Oct 8 Columbus Day

Tue Nov 6 General Election Day

North Carolina

*Does not observe Presidents Day

Fri Mar 30 Good Friday

Fri Nov 23 Thanksgiving Friday

Mon Dec 24 Christmas Eve

Wed Dec 26 Christmas Holiday

North Dakota

Fri Mar 30 Good Friday

Ohio

Mon Oct 8 Columbus Day

Sat Dec 1 Rosa Parks Day

Oklahoma

Fri Nov 23 Thanksgiving Friday

Wed Dec 26 Christmas Holiday

Pennsylvania

Mon Oct 8 Columbus Day

Fri Nov 23 Thanksgiving Friday

Rhode Island

*Does not observe Presidents Day

Mon Aug 13 Victory Day

Mon Oct 8 Columbus Day

Tue Nov 6 General Election Day

South Carolina

Thu May 10 Confederate Memorial Day

Fri Nov 23 Thanksgiving Friday

Mon Dec 24 Christmas Eve

Wed Dec 26 Christmas Holiday

South Dakota

Mon Oct 8 Native American Day

Tennessee

Fri Mar 30 Good Friday

Fri Nov 23 Thanksgiving Friday

Wed Dec 26 Christmas Holiday

Texas

Fri Jan 19 Confederate Heroes Day

Fri Mar 2 Texas Independence Day

Fri Mar 30 Good Friday

Sat Mar 31 Cesar Chávez Day

Sat Apr 21 San Jacinto Day

Tue Jun 19 Juneteenth

Mon Aug 27 Lyndon B Johnson Day

Fri Nov 23 Thanksgiving Friday

Mon Dec 24 Christmas Eve

Wed Dec 26 Christmas Holiday

Utah

Tue Jul 24 Pioneer Day

Mon Oct 8 Columbus Day

Vermont

Tue Mar 6 Town Meeting Day

Thu Aug 16 Bennington Battle Day

Virginia

Fri Jan 12 Lee-Jackson Day

Mon Oct 8 Columbus Day

Fri Nov 23 Thanksgiving Friday

WashingtonFri Nov 23 Thanksgiving Friday

West VirginiaWed Jun 20 West Virginia Day

Mon Oct 8 Columbus Day

Fri Nov 23 Thanksgiving Friday

Wisconsin*Does not observe Presidents Day

*Does not observe Veterans Day

Mon Dec 24 Christmas Eve

Mon Dec 31 New Year’s Eve

I hope this brief explanation, and comprehensive holiday list, help you to understand better the holiday calendar of the United States. I now invite you to comment on this subject.

Interpreter fees and antitrust legislation and policy worldwide.

February 5, 2018 § 10 Comments

Dear friends and colleagues:

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

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

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

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

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

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

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

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

Long arm of the law:

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

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

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

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

The Sherman Act

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

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

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

US versus EU Antitrust Law

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

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

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

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

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

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

European Union

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

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

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

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

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

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

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

Best Practices on Cooperation in Merger Investigations

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

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

Antitrust legislation in Latin America

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

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

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

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

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

A Private Citizen’s Freedom of Speech.

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

The Christmas traditions we observe in the United States.

December 24, 2017 § 2 Comments

Dear Colleagues:

The end of the calendar year marks a time when most cultures in the world slow down their work routines, gather with friends and relatives, and reflect on what was accomplished during the year while setting goals to achieve what was not.  Some give the season a religious connotation, others choose not to do so. Regardless of the personal meaning and importance that each one of us give to this time of the year, there is a common denominator, certain actions, traditions, and celebrations observed and held dear by many. They vary from country to country, and are part of the national pride and identity of a nation.

The United States is a unique case because of the convergence of cultures and populations from around the world who have brought with them their language, beliefs and traditions.  With globalization many other regions in the world now live the same situation where not everybody celebrates everything, not everybody celebrates the same, and even the ones who celebrate a particular festivity or observe certain event will do it differently depending on their cultural background. I also want to point out that, due to the immense commercial and cultural influence of the United States just about everywhere in the world, some traditions below will be recognized as something that you do in your country.

Although Christmas is not the only festivity where we see this American reality, I decided to share with you our national traditions on this day because it is widely observed and understood throughout the world, and because it is a nice thing to share with all of you when many of us are slowing down and waiting for the new year.  Finally, before I share these American traditions with you, I want to clarify that although this entry deals with Christmas traditions, it does it from a cultural perspective with no religious intent to endorse or offend anyone. I know that many of my dearest friends and colleagues come from different religions, cultural backgrounds, and geographic areas; and the farthest thing from my mind is to make you feel left out, ignored or offended. This post is written with the sole intention to share cultural traditions, and invite an exchange of information about other customs observed at the end of the year by other groups and countries.  Thank you for your understanding, and please enjoy:

In the United States the Christmas season, now called the holiday season to make it more inclusive, starts on the day after Thanksgiving known as “Black Friday”. Many schools and businesses close between Christmas (December 25) and New Year’s Day (January 1). Most Americans take this time out from their professional and academic schedules to spend time with their friends and families. Because of the high mobility we experience in the United States, it is very common that families live far from each other, often in different states; so that children go home to the parents’ is more significant as it may be the only time they see each other face to face during the year.

Many Americans decorate the exterior of their homes with holiday motifs such as snowmen, Santa Claus, and even reindeer figures.  As a tradition derived from holding Christmas in winter in the northern hemisphere when daylight is scarce, Americans install temporary multi-colored lights framing their house or business.  Because of its beauty and uniqueness, this tradition has spread to southern parts of the United States where winters are mild and daylight lasts longer. The American southwest distinguishes itself from the rest of the country because of the lights they use to decorate their buildings: the luminarias, a tradition (from the Spanish days of the region) of filling brown paper bags with sand and placing a candle inside.

The interior of the house is decorated during the weeks leading to Christmas and on Christmas Eve. Christmas tree farms in Canada and the United States provide enough trees for people’s homes, although many prefer an artificial tree.  These trees are placed at a special place in the house and are decorated with lights and ornaments, and at the very top an angel or star is placed on Christmas Eve.  Unlike many other countries, in particular those where most people are Roman Catholic, Americans hold no big celebration on Christmas Eve, known as “the night before Christmas”, the time when Santa Claus visits their homes while children are sleeping and leaves presents for the kids to open on Christmas morning.  As a sign of appreciation, or perhaps as a last act of lobbying, children leave out by the tree a glass of milk and cookies for Santa to snack during his visit.

Special Christmas stockings are hung on the fireplace mantelpiece for Santa to fill with gifts called “stocking stuffers” that will be found by the kids on Christmas Day while the yule log will provide heat and holiday smells. Even those homes that have replaced the traditional fireplace with an electric one have kept the yule log tradition; and when everything else fails, cable TV and satellite TV companies offer a TV channel that broadcasts only a yule log all day.

Adults exchange presents previously wrapped in festive seasonal wrapping paper, and even the pets get Christmas presents every year.  With the presents exchanged,  people move on to their Christmas dinner that will usually feature ham, roast beef, and even turkey with stuffing, although many families skip the bird because they just had it for Thanksgiving dinner a few weeks before.  Potatoes, squash, roasted vegetables, cranberries and salads are part of the traditional meal, but in some regions of the United States, demographic cultural fusion has added other dishes to the traditional family dinner: It is common to find tamales in a Hispanic Christmas dinner, poi and pork in Hawaii, BBQ turkey or chicken in the south, and sushi and rice in an Asian household. Unlike Thanksgiving when pumpkin pie is the universal choice, many desserts are part of the meal: pies, cakes, fruit, and the famous fruitcake.  They are all washed down with the traditional and very sweet eggnog or its “adult” version with some rum, whisky, or other spirits.

The Los Angeles Lakers and the Chicago Bulls have made it a tradition to have home NBA basketball games on Christmas Day that are broadcasted on national TV.  Other traditions include Christmas carols, window shopping the season-decorated department stores, special functions such as the Radio City Music Hall Christmas show and the Rockefeller Center Christmas tree in New York City, the Mormon Tabernacle Choir in Salt Lake City, the National Christmas tree in Washington, D.C., the Very-Merry Christmas Parade held simultaneously at Disney World in Orlando and Disneyland in Anaheim, the Nutcracker ballet in theaters and school auditoriums all over the United States, and endless Christmas movies and TV shows, including the original “A Charlie Brown Christmas” and Dr. Seuss’ “How the Grinch Stole Christmas” with Boris Karloff as the voice of the Grinch.

I hope this walk through American Christmas traditions was fun, helped some of you to understand a little better the culture of the United States, and maybe part of what you just read will be handy in the booth one day. Whether you live in the U.S. or somewhere else, I now ask you to please share some of your country or family’s Christmas or other holiday-related traditions with the rest of us.  I sincerely hope you continue to honor us by visiting this blog every week in 2018. Thank you for your continuous preference, and happy holidays to all!

Languages in times of crisis. (The Mexican earthquakes)

September 21, 2017 § 3 Comments

Dear Colleagues:

The natural disasters that hit the western hemisphere in the last few weeks, and that I was unfortunate enough to experience one of them first hand, made think of the importance of all languages to achieve effective communication when human lives are at stake.

Natural disasters are not new, they are with us throughout the year during our entire lives, but unless they directly affect us, we ignore them beyond barely learning the superficial facts. This month, Texas, Florida, Puerto Rico, and several Caribbean nations were hit by strong hurricanes. Mexico was struck by two devastating earthquakes. Because these events happened in my backyard, where I have many colleagues, friends, and relatives, I was interested on the details. I wanted to learn about damages, loss of lives, and I wanted to know if the people I care for were safe.

Mexico had two earthquakes: first an 8.2 earth tremor, followed by a devastating 7.1 seismic activity two weeks later (on the anniversary of the earthquake that destroyed Mexico City 32 years earlier). I was working in Mexico City for the first of these tremors, the strongest one in the country’s history, so I got to see first-hand what was done, and what did not happen communication wise.  I was in the United States for the second one. This allowed me to see the language and cultural deficiencies from the perspective of the individual not physically at the scene, who needs to learn as much as possible about the tragedy.

Although I will use Mexico as an example for the things that must enable effective communication during a crisis, I believe that my comments are valid for the terrible hurricanes that hit the United States and many Caribbean countries, and apply to all natural disasters, terrorist acts, and other calamities anywhere in the world.

The first earthquake was on September 7, almost at midnight. It was a terrifying 8.2 on the Richter scale. The earth moved back and forth on a circular motion that lasted for about 90 seconds that seemed like an eternity. I was there. This gave me the perspective of the eyewitness. The second one took place on September 19 shortly after 1 pm. It was a devastating 7.1 on the Richter scale. First, the earth shook up and down followed by an oscillatory movement.  The first earthquake was the strongest (8.2 equals over 20 billion kilograms of dynamite; 7.1 is about 20 billion) but the September 19 tremor caused more damages because unlike the first one, its epicenter was close to Mexico City.

I am sure there are many stories and there will be many official reports on earthquake readiness, construction safety codes, search and rescue operations; the work of the thousands of volunteers who saved so many lives, and government actions in general. No doubt some will be positive and some will be critical of the authorities, but I am not convinced anybody will have the will nor the interest to do an analysis from the language access perspective.

Let me start by sharing my observations as an individual physically present at the scene of the disaster. I acquired this experience during the first of the two earthquakes.  The first thing I noticed was the lack of emergency, evacuation, and similar signs in a language other than Spanish.  There were no signs, in English at least, as lingua franca of this globalized society we live in.  Nothing on Braille either. At the moment of evacuation, based on my conversations with several friends and colleagues staying at different Mexico City hotels, all recorded public announcement messages were in Spanish (I guess this was good news for blind Spanish speakers). Nothing in any foreign or indigenous language.

Once on the street, non-Spanish speakers were given no direction. Nobody approached them to inform them or tell them in their language what they needed to do to be safe.  There were no Sign Language interpreters of any language to communicate this vital information to the deaf and hard of hearing. People were at the mercy of other bilingual tourists who jumped in to brief these foreign visitors on security protocol and the status of the disaster (at least to tell them where to get a blanket. Remember, this was almost midnight in September and many were asleep when the alarm woke them up).  There were no indigenous languages interpreters or bilingual personnel either. Once again, indigenous Mexicans were treated as always: the invisible people no politician dares to talk about.

What needed to happen and must be common practice the next time an earthquake hits Mexico City? Basically, the solution is not cheap, but it is not outrageously expensive either. They must start by translating all signs, and emergency and evacuation instructions into the most popular languages in the world. I would say at least the main Arabic, Asian and African languages, English, Russian, and those of the European Union. They must have translations into all Mexican indigenous languages, and a video with the translation into Mexican Sign Language, American Sign Language, and International Sign Language at a minimum. When a guest checks in, or when a person is hired as an employee, they should get this information in their own language. Once the information is translated, the hotel needs only to print a page, retrieve a Braille version from the filing cabinet, or issue a USB flash drive with the Sign Language translation.  They can ask guests and employees to return the memory sticks when they check out of the hotel or leave the employment.

They also must have evacuation recordings for their P.A. system in at least Spanish, English, and other commonly used languages in their business (if applicable) and train their staff so they can provide basic orientation in many of these foreign, sign, and indigenous languages to the people during evacuation, at least to the point of steering them towards a rescue camp or to a video or telephonic interpreting emergency service where they can talk to real interpreters providing their services remotely.  I am not suggesting that all staff learn how to assist all non-Spanish speakers. Staffers will be assigned one or two languages to memorize these basic instructions. After what I saw in Mexico City, this would be a major improvement, and it can easily be applied to hospitals, airports, train stations, etcetera.

Finally, I think that too many of my interpreter and translator friends and colleagues wasted valuable time addressing concerns of well-intentioned, caring people from abroad who were constantly contacting them to see if they knew if this and that individual were safe.  Most people they were asked about lived in Mexico, but not in the disaster area.  I believe that it is legitimate and humane to care for others and to want to know, but I also think it would be much better if people abroad were to check on a map where the earthquake happened and where their friends live. Understanding that Mexico is a very big country, they would immediately see that people living somewhere else in Mexico would be as susceptible to the earthquake as a Spaniard from Madrid would be had the earth tremor happened in Warsaw. Simple research would save so much time and energy. We can all contribute during a crisis, even from abroad.

My perspective during the second earthquake was very different. This time I learned about the tremor while working in Chicago. I have many relatives, friends, colleagues and clients in Mexico City and I wanted to know what happened: if they were safe, and if there was anything I could do to help.  With a Mexican population in the United States in the tens of millions, this put me in a category shared by a significant segment of the American population right away.

My first reaction was to check on line. I went to Twitter and the internet news organizations to see what they were saying, next, I opened Facebook and WhatsApp to see if there were any concrete updates on the people I care for. Mexicans use Facebook as Americans use Twitter, so this was a good choice. I also remembered how many people communicated by WhatsApp when the telephone lines were down during the first earthquake two weeks earlier.

While I was doing this, I headed to a T.V. set to see what they were showing. I had only access to American TV in English and in Spanish.  Over the air U.S. English TV carried nothing. The cable news networks were showing some images of the devastation, and stayed with the coverage for about thirty minutes before they went back to their usual Trump bashing by the left-wing networks and Trump worshipping by the right-wing networks. Nothing relevant, nothing new, just the same stuff they repeat ad-nausea day in and day out. I was surprised they covered “that much”. That is usually not the case, but with so many Mexicans in the United States I guess they decided this was a sound business decision.

It was time to watch American TV in Spanish. CNN en español, Telemundo, and Univision. All three networks were carrying live coverage. Unfortunately, their coverage was flawed. Let me explain: First, their anchors and most of their on-site reporters were not Mexicans nor knew enough about Mexico to cover such an event. They were saying things that made no sense, not because they are bad journalists, but because they do not know the subject, in this case, Mexico and Mexico City. Mexicans wanted to know the extent of the damage, the neighborhoods affected, and the buildings that collapsed. Unfortunately, because of lack of knowledge, this crucial information was left out or reported wrongly. A CNN anchor woman repeated a thousand times that “children were trapped inside the Enrique Rebsamen School”. This may sound irrelevant to a non-Mexican or to somebody not familiar with the city, but all Mexicans, particularly those from Mexico City know who Enrique Rébsamen (did you notice the accent?) was and have always pronounced the name correctly. This diminishes the credibility of the reporter and creates a lack of trust by the viewer. If you add to this lack of knowledge the accent from Spanish-speaking countries other than Mexico, it becomes very difficult to understand the names of places and individuals. Viewers interested in Mexico who rarely watch American Spanish TV had to deal with unknown regional expressions, an ocean of false cognates, and some very scary Spanglish. Things regular viewers understand because they are used to this deterioration of the language, but incomprehensible for a casual viewer who may forgive the horrendous expression during a soccer match or a telenovela, but not when trying to find out what happened during an earthquake. In just a few hours I heard enough “colapsado” (word that exists in Spanish, rarely used in Mexico, but a favorite of this TV crowd because it is so similar to “collapsed”) to last me a lifetime. I constantly wondered what ever happened to “desplomado” o “derrumbado” more commonly used outside of the United States, but missing in action from the American Spanish language TV networks’ dictionaries. I have nothing against diversity of Spanish accents or good journalists covering a country different from the one they come from, but for a critical situation like this one, Mexicans abroad needed a reporter and an anchor they could understand and could explain where the damages happened, giving the name of the streets, avenues and neighborhoods.

Because my hunger for accurate information was not yet satisfied, I made it home where I can access live Mexican TV. This time I watched Milenio, Azteca and Televisa.

Throughout the entire wall to wall coverage (September 19-20) Milenio had the most objective coverage. Azteca started fine, but then they brought in Patty Chapoy who may be very important in the network, but has nothing to do during a tragedy of this proportions, so I had to leave Azteca to never come back again for fear to run into this nefarious “Ventaneando goddess”.

The worst coverage was that of Televisa. On a moment of national tragedy, they brought back one of the most hated and corrupt “journalists” in Mexican history: Joaquín López Dóriga, who made sure that the official agenda was covered to the last detail. Instead of covering the human drama and giving the facts to the viewer, he spent the entire day praising the government of President Peña Nieto and minimizing the damages and the mistakes of the government. Another “jewel” of Televisa: Paola Rojas, harassed an earthquake victim and obstructed the search and rescue operation so she could quench her thirst for fame and glory. Unfortunately, this was not the worst part of Televisa’s or Azteca’s coverage: They ignored the needs of the deaf community by actively discriminating against thousands of Mexican citizens by not including a Sign Language interpreter during their coverage; in Televisa, arguing that having a square on the screen with a Sign Language interpreter would be “too distracting”, and in TV Azteca because there were already “too many squares on the screen”.

Finally, I could find nothing in any indigenous language, not even government or college TV channels. The only highlight: the Intercultural Indigenous Languages Interpreters Organization (OTIGLI) offered interpreting services to the members of the Indigenous community in hospitals and shelters. I believe that in a crisis like this one, those deciding and developing protocols to save lives and assets must understand the importance of communication. If they do, then they will try to provide the best and most accessible information to everybody, regardless of the language they speak or sign. There are very capable interpreters and translators in Mexico; there are also honest people in the government. I know this because I have met many in the last two years and I am convinced of their commitment and dedication to a more accessible, inclusive Mexican society.  The solutions are not outrageously complex nor they require an obscene amount of resources, but they are not cheap either, they need of honest capable people and a generous amount of resources. Remember that there is not such a thing as the “government’s money”, it is the people’s money. It came from the millions of taxpayers. When viewed this way, suddenly, it is not such an irrational request to ask that more lives be saved by making everything accessible to all. If there was ever a justified expenditure of the taxpayers’ money, this is it. A society cannot be safe, and a government cannot be compassionate or civilized unless it takes care of all of its people. Inclusive, accurate, accessible communication is a good start.

I wish the best to all our fellow humans affected by these earthquakes, hurricanes and other disasters anywhere in the world, and I invite you to leave your comments and ideas to improve how a society deals with all languages in a time of crisis.

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