Legal interpreting and translating under the new Dutch Law on Sworn Interpreters and Translators
Han von den Hoff, Raad voor Rechtsbijstand, 's-Hertogenbosch, The Netherlands
On january 1st 2009 in the Netherlands the Law on Sworn Interpreters and Translators became effective. This legislation aims to modernize existing rules on sworn translators (that dated from 1878) , but also to guarantee and improve continually the quality of legal interpreting and translating in criminal and refugee procedures.
The department Sworn interpreters and translators of the Dutch Legal Aid Board is made responsible for executing this legislation and also to obtaining the objectives the law strives to reach. Mr. Han von den Hoff is manager of this department. He has been caretaker of an earlier Quality Register of legal interpreters and translators (since 2002) and has been active in several national and European initiatives on the subject of legal interpreting and translating.
This paper sketches in general terms the objects of the law, the most important instruments of the law, their contribution to obtain these goals, but also other mechanisms that start to develop as a spinoff of this new legislation.
The system forces the most important stakeholders to determine and specify the competences which are relevant to achieve a high level of legal interpreting and translating in criminal and asylum procedures. But it also provides mechanisms to ensure that translators and interpreters actually obtain the required competences in an active way.
The law on sworn interpreters and translators forces several commissioners to use only sworn interpreters and translators in criminal and asylum cases. To be sworn in, professionals have to prove to meet the quality standards the legislation mentions.
Therefore the legislation might make interpreters and translators aware of what quality is and how to make it measurable but also of the necessity to work on quality in a continuous and structured way. Until 2009, despite several initiatives, this has not yet be accomplished in a satisfactory manner.
As a result of this law, the demand for training and testing programs will grow fast, which makes it interesting for training institutes to develop new programs. The government can support this development in several ways.
To maintain registration and therefore access to work within the justice domain, interpreters and translators are forced to undergo continuous education. Again by creating a demand for continuous education, more programs will be offered.
A study by the Leiden University in end terms and specifications of competences of several existing training institutes that provide bachelor diplomas in interpreting and translating prove that there is still much to be won in defining the quality of interpreting and translating in general and make it measurable in particular.
The same goes for additional skills and knowledge that should be required for specialized legal interpreters and translators. Stakeholders have very different interests concerning the availability and quality of specialized translators and interpreters and therefore have very different views on the additional competences that specialists should have.
The paper will shortly go into a earlier study on the requirements for court interpreters.
Finally it will contain a plea not only to focus on interpreting and translating skills, but also on the influence of other stakeholders on the quality of translating, but especially interpreting.
With Financial support from the Criminal Justice Programme | European Commission Directorate General Justice, Freedom and Security