Article drafting Tado by Luisa Pastore-Alinante Fernandez Baca, translator and interpreter with 40 years experience, TPJ, member of the International Association of Conference Interpreters (AIIC) and former Chairman of the Board of the Association of Professional Translators Peru (PPTA).
One of the surprising and rewarding aspects of aging is that the memories that go back to times longer acquire near a particular value of testimony in the eyes of people who have entered the scene later life.
Moreover, in my capacity as co-founder of charge Sworn Public Translator (TPJ), I lived in first person a significant part of the evolution that has taken the professional translation of your current situation chaotic transition in the context of Peru's integration to the globalized economy of today's world.
Thus, when our Association has asked me to tell what I know about this process, I gladly accepted this honor, because I think it's wonderful that my memories are worth being heard.
The situation I found when I came to Peru in 1967 was characterized by a general absence of the concept of translation as a profession (I remember my husband recommended to introduce as a linguist-kind, in fact the translator is, in essence, a linguist-operative or a degree in political science, "because nobody would understand.) There was the Translators' Association of Peru (CTP), there was the Association of Professional Translators Peru (PPTA), the race was just beginning translation at two universities, the University of the Sacred Feminine and the Peruvian University of Science and Technology, which demise gave rise to the birth of the University Ricardo Palma.
I here make a stop on my account to point to something very relevant if you want to understand clearly the meaning and consequences of what happened.
Luisa Pastore Fernandez-Baca Alinante
I mean the difference between a certified translation or translation (I'll call her "sworn" to indicate the two together) and the translation "simple." The latter, we all know, is that which bears the signature of the author. Is the letter that a secretary translates for his boss, the message that a student translates to a colleague that "do not know English, but is also the documents (reports, projects, websites, computer manuals, His name is Legion) published in more than one language law institutions public or private or international companies who aspire to be, for internal or external. The key feature of the simple translation is that responsibility for actions based on that translation corresponds to the original owner or responsible, not the translator, the translator does respond to his work, but to the customer as part of a bilateral relationship, not relevant to others. Therefore, the owner of the document is free to choose any, and everyone has the right to accept the request. And this can be either panel or not licensed, a member or member of a professional association, with a degree in translation or without it.
The author of a sworn translation (again, understood or official translation certified translation), however, does respond first person to third . This is the fundamental characteristic. In the case of a call sworn translation, translator bears witness to society represented by the user of the translation of what he says "the original document. To accept his testimony that requires two things: author's firm identification of the translation, and this accreditation as competent to perform it.
the late sixties, the translations had to be asserted against third parties (ie, sworn) were in charge and under the responsibility of the Translation Bureau of the Ministry of Foreign Affairs.
In 1970, in the context of multisectoral reforms undertaken by the government of General Velasco, Decree Law No. 18093 promulgated the Law on Public Translator Sworn to perform translations sworn to use particular translations under of the law began to be called "Official Translations." The law responded to the mentality of the time: schedule of fees, fixed number of vacancies (10). To apply for the position was necessary to have a university degree in any discipline and demonstrate academic qualifications and written tests translation, the active command of two foreign languages \u200b\u200b(today we would say "two languages \u200b\u200bin direct and inverse two languages), one of which was necessarily English.
official translation was accompanied by a duly authenticated original, as today, but could also be attached to a legalized original, with the only difference to carry a stamp that read as follows: "Translated without formal legalization," noting the lack of legalization of the original. In other words, the quality of sworn translation remained different from the quality of the original document legalized.
Regulation Act established the mechanisms of registration and authentication of signature of TPJ, and discipline through the Supervisory Board of Sworn Translators of the Ministry of Foreign Affairs, created ad hoc by law
Under this scheme, the TPJ was responsible translation whatever combination of languages, and official translations needed for each and every one of the procedures with the authorities or public institutions: civil registry items, powers, licenses, certificates, transcripts, certificates, documents of the Stock Exchange, patents, contracts of all kinds, etc.. The number of combinations required language was probably The main reason, for the duration of this regime, the number never exceeded five TPJ. Translations whose language was unknown to the TPJ were signed by a translator / reviewer who enjoyed the confidence of the TPJ, which attested to and signed translation together with the TPJ, without prejudice to his responsibility to the user.
Meanwhile, several foreign embassies have adapted their policies to the new Peruvian legal framework and according to their national legislation. Several colleagues, not all TPJ, played a similar role to the consular authorities of these countries.
As far as I'm concerned, after two other people had won the first contest with me (Gisela Jorge and Esther Romero) resigned before it happened a year of our appointment in late 1970, I was the only TPJ of Peru until Jose Caceres won the competition four years later. It was at this time that a client asked me a sworn translation, however, should not be an officer, not wanting to carry the label of "Translated without formal legalization." My solution was to call "certified" in this translation, and sign it as "a professional translator, with the support of my position that was the reason for the acceptance by the customer.
The name "certified translation" was adopted and subsequently released by Maria del Carmen Pizarro when she took office in 1982, but in the form of signature on your company letterhead translation services.
The difference between the certified translation and the official translation was that the former did not (and do not account until today) with the support of a bill that would give the required value of prima facie evidence erga omnes. This difference exists even today, as there has been no law enacted to regulate certified translation defining the scope of its validity or type of accreditation that a translator needs to certify translations. Therefore, the scope depended (and still depends) on the willingness of user acceptance of the translation, which in turn depended (and still depends) on specific rules that were adopted over time and, as it , sideways.
The truth is that in the seventies, in an environment in which there was no college or PPTA or any other association, and which were recently graduated the first graduating class in translation, the only way to accreditation TPJ was the quality (and, of course, foreign embassies that were available for translation into their respective national languages).
In the nineties, under the government of Alberto Fujimori arrived in Peru another wave of sectoral reforms, this time in the direction of deregulation.
PPTA was born in 1992, and in 1996 established the Translators' Association of Peru for a degree in translation, the exclusion of other translators, and even to TPJ undergraduates.
This meant that there was already a form of certification different from the ownership of the office of TPJ. On the other hand, recalled that for several years had been the first classes graduated translators with bachelor's or professional degree translation. Increasingly, TPJ few requirements imposed by the existing language left him close to the national situation and the demand for new translators work.
In 1993, the Administrative Simplification Act drastically reduced the areas in which the official translation was necessary, replacing it with a simple translation and thus, without going into the merits of the accreditation of translators who incurred. Each institution was adopting different criteria, and little by little, he was laying a contradictory and confusing practice in which each entity to / user of the translation tried to trust the simple translation as justifiable criteria according to its rules of procedure or interpretation of the general rules.
In 1993, a new regulation of the TPJ reduced the minimum requirements for the function and the competition for the active domain and / or liability of a single foreign language.
In the same year, the Ministry of Foreign Affairs took the decision to amend the Rules of the TPJ in obliging them to carry only the official translation of those documents were legalized, becoming the practice in the TPJ guarantor of the legalization of the original document.
This trend was accentuated in subsequent years: Regulation adopted in 2003 allowed the TPJ sign translations of documents not legalized, but forcing them to stamp a text vividly lost all their value "official" translation. This form of presentation created in practice, a certified translation similar to the "invented" by the signed back in 1971 about the advantage of checking the identity, since the signing of the TPJ was found (as yet is) registered with foreign affairs, but also the disadvantage of a aspect (red seal reading: no official translation, translation without formal legalization ) that led them to distrust the user into losing sight of the fact that they were in any case, a sworn translation made by an accredited translator. The practical result was that the TPJ substituting the translations have been certified as a member of the CTP, or a member of the PPTA or other professional association or simply a professional translator, according to their degree of accreditation and / or customer requirements.
For example, Article 62 of the Regulations of the State Contracting Law, approved by Supreme Decree No. 184-2008 [1] requires that "All documents containing information relating to the requirements for the acceptance of proposals and evaluation factors are presented in Castilian language or, failing that, together with translation by sworn translator .... " However, in Article 255 °, provides that, in the case of foreign suppliers, are required to submit documents legalization have respective corresponding Peruvian consulate in their place of origin, certified by the Ministry of Foreign Affairs in Peru and, if appropriate, with a translation simply stating the name of the translator " [2] . Not being the purpose of this article make any analysis or interpretation of existing legislation in Peru in translation, will not issue any comment to that effect. However, note the contradiction that can exist within a single standard.
Outside of public tenders, they are covered by the above rule and regulation, the documents filed with public records must also be translated by TPJ. On the other hand, some entities (outside the scope of the tenders and the exclusion of Public Records, to name a few) will be chartered certified translations by translators, members of the PPTA or any another translator is not affiliated with any of these or other institutions that can vouch that it is competent in the relevant language combination and that his translation is faithful to the original.
In 2003, another amendment to the Regulations, the Foreign Ministry closed the TPJ access by anyone who is not licensed in translation, for the languages \u200b\u200bgiven in the degree-granting institutions in translation. This created two types of TPJ, the English, French and German, all graduates in translation except the "old" (including the author of this note) and those of other languages, graduates and holders of different educational qualifications university.
An amparo action filed by the Bar Association of Bilingual challenged that amendment of the Regulation Act contradict the TPJ, senior. From this moment has not been called a competition to apply for the position of TPJ to be applicable regulatory standard declared illegal by the judiciary.
is important to note that the current regulations in translation suffers from the following contradictions:
Under Decree Law No. 18093, the Translator Sworn is accredited to perform translations sworn (whether official or certified in the modality " red seals "I have explained above).
Moreover, article 2 of the Act establishing the Translators Association of Peru (CTP) [3] provides that only those persons who have obtained professional translator title awarded by universities in Peru or abroad (after restoration) could belong to that school. Therefore, any professional translator that does not meet this requirement can register, which means that the TPJ is not licensed in translation can not afford the tuition, even though his office, created by law, an affirmation of her status professional translators. This insurmountable contradiction in itself the "resolve" the Law with the voluntary nature of the tuition, which removes the College, in practice, the exclusive representative of the profession itself from the overwhelming majority of professional orders (in Peru, as far as I know, the only other exception is the Association of Journalists of Peru).
As can be seen, what has been happening over time has been a stratification of laws enacted for different purposes, however, obliquely contained provisions that pertain to the translation, with the result of overlap, in many cases in direct contradiction to each other.
The result is something that could be call, without much exaggeration, a normative chaos.
far my account of what happened. Left open the question of how our profession could be ordered in the current context of globalization.
Moreover, in my capacity as co-founder of charge Sworn Public Translator (TPJ), I lived in first person a significant part of the evolution that has taken the professional translation of your current situation chaotic transition in the context of Peru's integration to the globalized economy of today's world. Thus, when our Association has asked me to tell what I know about this process, I gladly accepted this honor, because I think it's wonderful that my memories are worth being heard.
The situation I found when I came to Peru in 1967 was characterized by a general absence of the concept of translation as a profession (I remember my husband recommended to introduce as a linguist-kind, in fact the translator is, in essence, a linguist-operative or a degree in political science, "because nobody would understand.) There was the Translators' Association of Peru (CTP), there was the Association of Professional Translators Peru (PPTA), the race was just beginning translation at two universities, the University of the Sacred Feminine and the Peruvian University of Science and Technology, which demise gave rise to the birth of the University Ricardo Palma.
I here make a stop on my account to point to something very relevant if you want to understand clearly the meaning and consequences of what happened.
Luisa Pastore Fernandez-Baca Alinante
I mean the difference between a certified translation or translation (I'll call her "sworn" to indicate the two together) and the translation "simple." The latter, we all know, is that which bears the signature of the author. Is the letter that a secretary translates for his boss, the message that a student translates to a colleague that "do not know English, but is also the documents (reports, projects, websites, computer manuals, His name is Legion) published in more than one language law institutions public or private or international companies who aspire to be, for internal or external. The key feature of the simple translation is that responsibility for actions based on that translation corresponds to the original owner or responsible, not the translator, the translator does respond to his work, but to the customer as part of a bilateral relationship, not relevant to others. Therefore, the owner of the document is free to choose any, and everyone has the right to accept the request. And this can be either panel or not licensed, a member or member of a professional association, with a degree in translation or without it.
The author of a sworn translation (again, understood or official translation certified translation), however, does respond first person to third . This is the fundamental characteristic. In the case of a call sworn translation, translator bears witness to society represented by the user of the translation of what he says "the original document. To accept his testimony that requires two things: author's firm identification of the translation, and this accreditation as competent to perform it.
the late sixties, the translations had to be asserted against third parties (ie, sworn) were in charge and under the responsibility of the Translation Bureau of the Ministry of Foreign Affairs.
In 1970, in the context of multisectoral reforms undertaken by the government of General Velasco, Decree Law No. 18093 promulgated the Law on Public Translator Sworn to perform translations sworn to use particular translations under of the law began to be called "Official Translations." The law responded to the mentality of the time: schedule of fees, fixed number of vacancies (10). To apply for the position was necessary to have a university degree in any discipline and demonstrate academic qualifications and written tests translation, the active command of two foreign languages \u200b\u200b(today we would say "two languages \u200b\u200bin direct and inverse two languages), one of which was necessarily English.
official translation was accompanied by a duly authenticated original, as today, but could also be attached to a legalized original, with the only difference to carry a stamp that read as follows: "Translated without formal legalization," noting the lack of legalization of the original. In other words, the quality of sworn translation remained different from the quality of the original document legalized.
Regulation Act established the mechanisms of registration and authentication of signature of TPJ, and discipline through the Supervisory Board of Sworn Translators of the Ministry of Foreign Affairs, created ad hoc by law
Under this scheme, the TPJ was responsible translation whatever combination of languages, and official translations needed for each and every one of the procedures with the authorities or public institutions: civil registry items, powers, licenses, certificates, transcripts, certificates, documents of the Stock Exchange, patents, contracts of all kinds, etc.. The number of combinations required language was probably The main reason, for the duration of this regime, the number never exceeded five TPJ. Translations whose language was unknown to the TPJ were signed by a translator / reviewer who enjoyed the confidence of the TPJ, which attested to and signed translation together with the TPJ, without prejudice to his responsibility to the user.
Meanwhile, several foreign embassies have adapted their policies to the new Peruvian legal framework and according to their national legislation. Several colleagues, not all TPJ, played a similar role to the consular authorities of these countries.
As far as I'm concerned, after two other people had won the first contest with me (Gisela Jorge and Esther Romero) resigned before it happened a year of our appointment in late 1970, I was the only TPJ of Peru until Jose Caceres won the competition four years later. It was at this time that a client asked me a sworn translation, however, should not be an officer, not wanting to carry the label of "Translated without formal legalization." My solution was to call "certified" in this translation, and sign it as "a professional translator, with the support of my position that was the reason for the acceptance by the customer.
The name "certified translation" was adopted and subsequently released by Maria del Carmen Pizarro when she took office in 1982, but in the form of signature on your company letterhead translation services.
The difference between the certified translation and the official translation was that the former did not (and do not account until today) with the support of a bill that would give the required value of prima facie evidence erga omnes. This difference exists even today, as there has been no law enacted to regulate certified translation defining the scope of its validity or type of accreditation that a translator needs to certify translations. Therefore, the scope depended (and still depends) on the willingness of user acceptance of the translation, which in turn depended (and still depends) on specific rules that were adopted over time and, as it , sideways.
The truth is that in the seventies, in an environment in which there was no college or PPTA or any other association, and which were recently graduated the first graduating class in translation, the only way to accreditation TPJ was the quality (and, of course, foreign embassies that were available for translation into their respective national languages).
In the nineties, under the government of Alberto Fujimori arrived in Peru another wave of sectoral reforms, this time in the direction of deregulation.
PPTA was born in 1992, and in 1996 established the Translators' Association of Peru for a degree in translation, the exclusion of other translators, and even to TPJ undergraduates.
This meant that there was already a form of certification different from the ownership of the office of TPJ. On the other hand, recalled that for several years had been the first classes graduated translators with bachelor's or professional degree translation. Increasingly, TPJ few requirements imposed by the existing language left him close to the national situation and the demand for new translators work.
In 1993, the Administrative Simplification Act drastically reduced the areas in which the official translation was necessary, replacing it with a simple translation and thus, without going into the merits of the accreditation of translators who incurred. Each institution was adopting different criteria, and little by little, he was laying a contradictory and confusing practice in which each entity to / user of the translation tried to trust the simple translation as justifiable criteria according to its rules of procedure or interpretation of the general rules.
In 1993, a new regulation of the TPJ reduced the minimum requirements for the function and the competition for the active domain and / or liability of a single foreign language.
In the same year, the Ministry of Foreign Affairs took the decision to amend the Rules of the TPJ in obliging them to carry only the official translation of those documents were legalized, becoming the practice in the TPJ guarantor of the legalization of the original document.
This trend was accentuated in subsequent years: Regulation adopted in 2003 allowed the TPJ sign translations of documents not legalized, but forcing them to stamp a text vividly lost all their value "official" translation. This form of presentation created in practice, a certified translation similar to the "invented" by the signed back in 1971 about the advantage of checking the identity, since the signing of the TPJ was found (as yet is) registered with foreign affairs, but also the disadvantage of a aspect (red seal reading: no official translation, translation without formal legalization ) that led them to distrust the user into losing sight of the fact that they were in any case, a sworn translation made by an accredited translator. The practical result was that the TPJ substituting the translations have been certified as a member of the CTP, or a member of the PPTA or other professional association or simply a professional translator, according to their degree of accreditation and / or customer requirements.
For example, Article 62 of the Regulations of the State Contracting Law, approved by Supreme Decree No. 184-2008 [1] requires that "All documents containing information relating to the requirements for the acceptance of proposals and evaluation factors are presented in Castilian language or, failing that, together with translation by sworn translator .... " However, in Article 255 °, provides that, in the case of foreign suppliers, are required to submit documents legalization have respective corresponding Peruvian consulate in their place of origin, certified by the Ministry of Foreign Affairs in Peru and, if appropriate, with a translation simply stating the name of the translator " [2] . Not being the purpose of this article make any analysis or interpretation of existing legislation in Peru in translation, will not issue any comment to that effect. However, note the contradiction that can exist within a single standard.
Outside of public tenders, they are covered by the above rule and regulation, the documents filed with public records must also be translated by TPJ. On the other hand, some entities (outside the scope of the tenders and the exclusion of Public Records, to name a few) will be chartered certified translations by translators, members of the PPTA or any another translator is not affiliated with any of these or other institutions that can vouch that it is competent in the relevant language combination and that his translation is faithful to the original.
In 2003, another amendment to the Regulations, the Foreign Ministry closed the TPJ access by anyone who is not licensed in translation, for the languages \u200b\u200bgiven in the degree-granting institutions in translation. This created two types of TPJ, the English, French and German, all graduates in translation except the "old" (including the author of this note) and those of other languages, graduates and holders of different educational qualifications university.
An amparo action filed by the Bar Association of Bilingual challenged that amendment of the Regulation Act contradict the TPJ, senior. From this moment has not been called a competition to apply for the position of TPJ to be applicable regulatory standard declared illegal by the judiciary.
is important to note that the current regulations in translation suffers from the following contradictions:
Under Decree Law No. 18093, the Translator Sworn is accredited to perform translations sworn (whether official or certified in the modality " red seals "I have explained above).
Moreover, article 2 of the Act establishing the Translators Association of Peru (CTP) [3] provides that only those persons who have obtained professional translator title awarded by universities in Peru or abroad (after restoration) could belong to that school. Therefore, any professional translator that does not meet this requirement can register, which means that the TPJ is not licensed in translation can not afford the tuition, even though his office, created by law, an affirmation of her status professional translators. This insurmountable contradiction in itself the "resolve" the Law with the voluntary nature of the tuition, which removes the College, in practice, the exclusive representative of the profession itself from the overwhelming majority of professional orders (in Peru, as far as I know, the only other exception is the Association of Journalists of Peru).
As can be seen, what has been happening over time has been a stratification of laws enacted for different purposes, however, obliquely contained provisions that pertain to the translation, with the result of overlap, in many cases in direct contradiction to each other.
The result is something that could be call, without much exaggeration, a normative chaos.
far my account of what happened. Left open the question of how our profession could be ordered in the current context of globalization.
[1] See Article 62 of the Regulations of the State Contracting Law, approved by Supreme Decree N ° 184-2008-EF.
[2] See Article 255 of the Regulations of the Law on Government Procurement.
[3] See Law No. 26684.
