Should
translators be pedantic and professional or
just technical? It could be open to an individual
interpretation or a debate if it wasn’t important
for the ramifications it has in terms of hidden
risks that fraudulent documents may become legalised
in the process of translation. This is how:
- A translated document becomes an official document that will be
used in place of the one in its original language.
It is assumed that a translation would be
a translation of an original document.
The ‘original’ becomes a synonym for a legal
document. It may not be legal.
- A Justice of the Peace certifies ‘to the best of his/her knowledge’
(which may be insufficient) that a certain
document is an original document. But is it
a valid, legalised document? Different countries
have different legalisation procedures.
- An original seal or a seal that looks original may not be a sufficient
guarantee that a document is legal. There
are still cases where some people used their
influence, connections or paid to obtain documents
that would inflate their qualifications and
experience.
My
recent assignments have prompted me to research
this matter and establish the most professional
and appropriate action a translator can take
to maintain a good standing of its profession
and his/her professional reputation.
About
the assignments in brief:
- Documents had only one seal from a particular issuing institution
and a signature of a secretary rather than
a director, manager, a dean or a president
of that institution. Legalisation seals were
missing.
- Documents had dates that were inconsistent: the date of enrolment
was a year after the date of the client’s
first exam for example. A degree that is alternately
referred to as a Master degree and a specialisation
diploma in the same document. The two are
completely different of course.
- The format of the document was inconsistent with the original format
that such institution normally uses. Most
translators may not have this knowledge unless
they had personal encounters, experience or
education from such institution.
- Documents that show degrees awarded by research institutions or
military academies, which cannot legally award
degrees but rather assist by lending their
facilities and staff to local faculties for
academic purposes.
The
legalisation certification provides a two-fold
protection: one for the issuing country protecting
the credibility of its complete system (i.e.
educational, legal, economic and political),
and another one, preventing the fraud and manipulation
of the system in the receiving country.
So,
it might be wise to consider including the legalisation
certification in addition to the ethics section
in accreditation examinations.
What
are the other valuable ways of addressing this
issue?
Tramslator
directories could create a web page that would
explain the legalisation certification (i.e.
definition, purpose, procedure, countries in
which it is a requirement) and include links
to websites where translators can inform themselves
about the requirements specific to the country
of their source language. Then, there may be
additional information such as a sample disclaimer
that translators can download and include where
uncertain of the legality of a particular document,
to indicate that the certification pertains
to the accuracy and the authenticity of translation
only.
The
web page could also include a link for interested
institutions, such as universities, governmental
agencies, etc., so that they can be informed
of what are the legalisation requirements for
documents from specific countries. There could
also be a link to a page explaining how to ‘read’
the signs of fraud such as inconsistencies in
dates, titles, names, places, formats, styles,
digital imaging powers in creating documents
that look like originals, etc.
To
help with establishing the best ways in addressing
this problem I have included the information
that I can help with.
In
most newly established countries once member
states of former Yugoslavia, all documents issued
for purposes of overseas study and employment
must be fully legalised. They must have the
seals from:
- The issuing organization
- The Municipal Court
- The Ministry of Foreign Affairs (sometimes referred to as The Federal Secretariat
for Foreign Affairs).
They
also must have the relevant signatures from
respective presidents or directors.
Seals
from independent lawyers, agencies, or specialised
institutions are not accepted.
Â
A disclaimer that I use when in doubt as an
unavoidable precaution:
Translation
certification pertains to the authenticity and
accuracy of translation.
I,Â
_ _ _ _ _ _ _ _ _ _ _ _ _ _, hereby certify
that this is a true and accurate translation
of the document composed in _ _ _ _ _ _ _ _
language.
The
authenticity and accuracy of the original document
is subject to the legalisation certification
of the issuing country.
A
fairly comprehensive page with links to individual
countries where translators can find out which
institutions are responsible for legalisation
certification:
- HAGUE CONVENTION ABOLISHING THE REQUIREMENT OF LEGALISATION FOR
FOREIGN PUBLIC DOCUMENTS available from: This
WEB-site.