Vol. VII, No. 1 - Winter 1998

From Catalonia to Cuba and Back Again

Proteus: Who needs the services of a sworn translator?

Peñarroja: Normally, lawyers do. Our clients are attorneys, notaries, the people who need to furnish the court with documentation. In Spain, a document in English is not official. It must be translated by a sworn translator.

Proteus: And the very fact that the document was translated by a certified translator means that it is official?

Peñarroja: Just as if it were the original. There is no doubt that if we asked two translators to translate the same document, their translations would be different, but both versions would be official. There is even a procedure—we are human and can make mistakes—to challenge the translation and let the Ministry of Foreign Affairs, which certifies us, decide if indeed there are discrepancies.

Proteus: For our readers who may not be familiar with the role of the sworn translator in Spain, we should say that the translator, by virtue of his being certified by the government, charges a higher rate than average because his translation is considered official.

Peñarroja: Yes, that’s it exactly.To give you an idea, certified translations are usually 33% more expensive. For example, out of 100 pesetas charged for a sworn translation, 66 are for the translation itself, and 33 represent the certification surcharge. Roughly speaking, one 9-word line costs about $.90. The minimum charge for an average document is 5,000 pesetas ($35). Sworn translations are far and away the best paid translations in Spain.

Proteus: So there is a minimum fee.

Peñarroja: These are recommended fees. It’s a free market. There is, though, a certain anachronism in our profession. In January of each year, we have to notify the civil governments of each province of our fees.

Proteus: Just to give our readers an idea, how much can a good translator earn in Spain?

Peñarroja: About 3 million pesetas ($20,700) per year.

Proteus: I understand that you recently returned from a trip to Cuba. What was the purpose of your trip?

Peñarroja: Actually, it was kind of an excuse to get acquainted with colleagues from Cuba and learn about their reality. It was a get-together of literary translators, although other specialties were also represented. A week is not much time, but I was able to get somewhat of a vision of what is going on, a feeling.

Proteus: What are the principal challenges facing Cuban translators today?

Peñarroja: Well, as I see it, when you discuss Cuba, you have to adopt a totally different mindset [tienes que cambiar de chip].We’re talking about a very different economic system. This was my first trip to Cuba. It is a reality that must be viewed by altering one’s Western perspective. Cuba is a country visibly going through a difficult time. Translators, as members of that society, are facing hard times. For me this came as quite a shock, because I wasn’t prepared.

Proteus: But what was it about the translators that had the greatest impact on you?

Peñarroja: Well, the situation is utterly different from our own. Imagine, I figured I can earn in half an hour what a Cuban translator earns in a month. That’s easy to say, but it has serious consequences. It is true that the standard of living is lower, but the fact that I can make in a few minutes what a colleague makes in a month in another part of the world tells me that economically speaking, something is not working right somewhere.

I want to make a point here. Without a doubt, there are political problems in Cuba. But I went as a colleague to meet other colleagues. And really, I disregard the political problems. I saw the reality of some interpreters who were really having a tough time. Cuba is in a special period. I know of interpreters who can’t have dictionaries in their homes; first, because no dictionaries are sold, and second, because they can’t afford any. In the face of this, my reaction was, what can be done? A solution on a personal level was my decision to offer some courses on Italian-Spanish legal translation at the Translation School of the University of Havana this January. My “students” will themselves be teachers; in this way, we hope to achieve a sort of multiplier effect.

Proteus: What are the languages most in demand in Cuba?

Peñarroja: There has been a radical change. A few years ago, as one might assume, Russian was the big language, and now Russian is fading fast. As a matter of fact, people studying Russian in the Translation School are obliged to study Italian because it is clear that Russian has no future. Right now, Italian is compulsory for anyone who chooses Russian. And the Translation Department... I’m sure that any American high school has more resources than the Translation Department. You’ve got to give them credit. They are performing miracles, because with the limited means at their disposal they manage to turn out people with an adequate level of training.

Proteus: The colleagues you met worked in private companies?

Peñarroja: The concept of private companies does not exist. Self-employment is a possibility but the theoretical restrictions make it impossible. Right now, there are virtually no self-employed translators, because in any case, the economic system does not allow you to seek out clients. It’s all very complicated. There are two large entities which are empowered to certify translations. And the position of court interpreter does not exist.

On behalf of our organization and personally, since we lend a hand in interpreter training, I wanted to comment on what happened with a previous controversy that arose in the pages of

Proteus: When one talks about the Cuban situation, there is the question of politics and the question of the people. In other words, it is one thing for someone to disagree with the politics but quite another to know there are colleagues who need our help. Is cooperating with our colleagues tantamount to collaborating with the Cuban government? I would not venture to affirm the truth of this axiom. I would not say I am collaborating with the government; I am cooperating with colleagues who need our help. A controversy arose in part because two official Cuban translators went to NAJIT’s Miami conference in May of 1996, and it was alleged that they had been sent by the government, but I don’t think that’s true. As a matter of fact, I met the people who went to the United States, and I don’t think they deserve being referred to in those terms; quite the contrary.

Proteus: Because they didn’t view themselves as representatives of the government?

Peñarroja: In this specific case, they work at the Instituto de Información Científica y Tecnológica, one of these entities I just described. Now the fact that they work for an official agency that does official translations, good heavens, I don’t think that automatically means they represent the government. In short, political aspects are one thing and professional aspects another.

Take me, for example. I spent the first part of my life living under the Franco dictatorship. And I have always understood that foreign countries might declare a boycott on the government, but not a boycott on its citizens. I think these two facets have to be distinguished. I know this may be difficult to swallow in America, but I believe one needs to come out in support of this way of thinking.

Proteus: Will the Association of Sworn Translators and Interpreters of Catalonia pay for your trip to Cuba?

Peñarroja: Actually, no. We’re going through difficult financial times, and although in theory I am going as president of the Association, I will be defraying the expenses myself. The fact is, the Cuban university can’t pay anyway. They will help out with some of the teaching materials, but as I said before, in the face of the abysmal financial disparity, I must do something. I am sure that rather than giving, I shall be the one receiving. As regards legal translation, Cubans who have majored in translation have had few opportunities. Cuba as a country is somewhat isolated from the outside world. In the case of the language I will be working with, Italian, Cuba gets Italian tourists, but there is no exchange of documents, of contracts. So in this sense, I think the seminar will be something of an innovation.

Proteus: I would imagine that translation students are also lacking in good teaching materials in English.

Peñarroja: I think there is also a definite need for an English-Spanish course in Cuba on legal translation. The subject matter is promising because to date there has been no exchange of documents. The problem, though, is that when we speak of English, English is, like it or not, the “language of the enemy.” In Cuba, the terms “English” and “language of the U.S.” are often closely linked. So, while there were no difficulties in planning an Italian course, I am sure that had the course been in English, there would have been a much more elaborate screening process.

Proteus: Why is your Association of Sworn Translators and Interpreters of Catalonia going through hard times?

Peñarroja: Our Association has a newsletter and that newsletter has two alternatives. We could be a newsletter of “light features” or we could adopt a critical line. Our newsletter chose the latter course. On one occasion, some material was published which, in hindsight, shouldn’t have been published. It was an anonymous letter very critical of translation agencies. One agency felt the article was a direct reference to them and sued for libel [injurias]. That puts us on some slippery terrain; since crimes are committed by people, not associations, I was sued, as president of the Association. I had to go to court. The other side is requesting five million pesetas ($35,000). We now know that there are insurance policies precisely for such situations. It would be a good idea for NAJIT and other organizations to bear this in mind. You never think something like this will happen, but when it does, you should be insured to avoid potentially tragic consequences. If the judge finds for the plaintiff and we are sentenced to pay five million pesetas, it would be the death of the Association.

Proteus: You say “if we are sentenced,” but in reality that means you.

Peñarroja: Since companies [personas jurídicas] don’t commit crimes, sentence is passed on the person [persona física]. As president of the Association, yes, that means me. If that happened, I would appeal to my colleagues for help, but legally speaking, I am personally liable. So we have voted to freeze our financial resources, put our publication on hold and wait for the courts to decide [que la justicia se pronuncie].

Proteus: When do you expect a ruling?

Peñarroja: The Spanish justice system is unpredictable. We have been waiting for a year now. The magistrate is still conducting his investigation [Estamos todavía en período de instrucción]. We assume the matter will go to trial.

Proteus: What were the accusations made in the letter?

Peñarroja: The letter accused the agency in question of Mafia-like tax behavior, because no invoices were ever issued. The writer said he had serious financial problems because he was underpaid. He complained of agencies that underpay. I suppose the problem is the same in the States. There are people who are very good translators, but perhaps they don’t know how to demand a good price for their work. That’s why there is a need for organizations like our own or like NAJIT so that we can establish some guidelines. As it turns out, someone is always willing to exploit you.

Proteus: Have the other members of the Association been supportive? Because in the end, it’s your head on the line.

Peñarroja: There has been a whole range of responses. Some colleagues have supported me unconditionally. Others, though... The problem could have been solved if someone had stepped forward to testify to the truth of matters alleged. Neither the author of the anonymous letter, whose identity is still unknown, nor any other colleague who could have helped out, has seen fit to do so.

Proteus: Do you think the anonymous letter writer knows what has happened?

Peñarroja: No doubt about it. The person hasn’t stepped forward. If he did, liability would be joint, with me as the editor responsible for publication and him as the author of the letter. Of course, nobody wants to be slapped with a potential fine of five million pesetas. To be honest, the lack of response has been disappointing.

In any case, in spite of our problems, and despite the fact that everything is more or less on hold in the Association, our relationship with NAJIT will continue. As a matter of fact, I hope to be able to visit New York soon and greet our colleagues on the other side of the Atlantic.