Refugee Status Determination [“RSD”], is the legal or administrative process by which governments or UNHCR determine whether a person seeking international protection can be considered a refugee under international, regional or national law.[1] Authorities conducting RSD, as well as legal representatives, work with interpreters, who play a crucial role in this process. Given the circumstances under which asylum seekers are frequently forced to flee, documentary evidence to support their asylum claims is hard to come by and thereby oral testimonies play a pivotal role in painting a picture of their reasons for flight. These oral accounts are ultimately presented by interpreters when asylum seekers do not speak the language in which asylum interviews are conducted.

 Paragraph 192 (iv) of the UNHCR RSD Handbook discusses the necessary facilities, including the services of a competent interpreter, during the RSD process. MAP, which provides legal assistance in the RSD process, trains its interpreters on the role of legal representatives and the principles of accuracy, integrity, objectivity, neutrality, confidentiality that the organisation and its interpreters must abide by while assisting asylum-seekers. Lawyers understand that language sometimes can become a barrier to gaining an asylum-seeker’s trust and therefore, the interpreter’s role goes beyond establishing coherency. Clients feel more at ease with sharing their stories, which are often painful. 

Interpreters, who are often from the same communities as the asylum-seekers, are acutely conscious of the immense responsibility they bear towards the other stakeholders in the RSD process, having experienced it themselves. While a well-equipped vocabulary is crucial for interpretation, it is often only the starting point. For an interpreter assisting in the RSD process, knowledge of the broader context and purpose is crucial. During RSD interviews, or interviews with legal representatives, interpreters are required to set aside their personal biases and maintain accuracy and neutrality to communicate the experiences of an asylum-seeker.

Interpretation requires transcultural communication–it is not just words, but emotions and intonations, as well as unconscious verbal and non-verbal signals that must be conveyed effectively. Furthermore, for asylum seeking communities, persons who are able to communicate with authorities–the interpreters–are often persons of influence, and frequently also serve as community leaders. Creating an environment of trust and respect where asylum seekers feel comfortable enough to discuss their claim is essential. For particularly vulnerable groups, like children, survivors of sexual and gender-based violence and torture, interpreters, and the RSD process as a whole, are required to be sensitive and reassuring. Cultural and social factors may also inhibit female asylum seekers from being able to discuss sexual and gender-based violence they may have faced, and the authorities conducting RSD interviews or legal representatives are required to make sure applicants have interpreters they are completely comfortable with.

The importance of objectivity in asylum interview interpretation is highlighted in the following extract:

“The interpreters involved in this process do not come from nowhere. They too are socially and politically situated. […] Given that asylum cases are won or lost based on the competing “ontological” narratives of applicants and “public” narratives of the receiving countries both sides have a stake in believing in and seeking to ensure that their case for or against persecution is relayed as comprehensively and “objectively” as possible.”[2]

MAP’s interpreters, Sana and Mohammad (names changed), who are refugees themselves, speak about being able to assist members of their community in navigating linguistic and cultural barriers they face in India. Although young themselves, they are aware of the enormous responsibility that they bear to those who rely on them–asylum seekers as well as lawyers.

Fluent in five languages, Sana feels elated when a person receives their refugee card. While interpreting, she is often able to relate to their stories and emotions being from the same country and having struggled through similar problems. While working as an interpreter comes with a lot of advantages such as being able to serve her community, the stories, she says, leave her feeling overwhelmed at times.

For Mohammad, who speaks four languages, interpretation comes easy now that he has been doing it for over a decade. With years of experience under his belt, Mohammad recognises the importance of conveying information with the correct context and tone during interviews. He also acknowledges the role that interpreters play in making an asylum seeker feel comfortable enough to share the details of their claim. As a refugee himself, he relates with the suffering many members of his community have endured in their home country, and this has made him all the more determined to assist them through honest and accurate interpretation. Sometimes, however, expectation-management can become a challenge: asylum seekers often expect him to be able to help with their cases he cannot, and he must clearly explain to them his limited role as an interpreter in the process, who is not involved in decision-making.

On 24 May 2017, the United Nations General Assembly adopted resolution 71/288[3] on the role of language professionals in connecting nations, facilitating dialogue, understanding, and cooperation, and strengthening world peace and security, and declared 30 September as International Translation Day. This day is meant to be an opportunity to pay tribute to the work of language professionals and pays homage to the feast of St. Jerome, the Bible translator, who is considered the patron saint of translators.

As casework lawyers, both of us got the opportunity to communicate with interpreters of different genders and age groups, belonging to numerous countries, each with their own unique and personal background. Every day we learnt a lot: about culture, traditions, and history which would not be possible to learn just by reading books. This stood us in good stead while communicating with our clients.  While it would be ideal if we could speak to asylum seekers directly in their own language, it is not always possible. Therefore, interpretation comes into play to ensure everyone is heard.

This World Refugee Day, we at MAP would like to thank our interpreters, many of whom are refugees themselves, for all their efforts in enabling us to assist others.

[1] UNHCR, Refugee Status Determination, available at https://www.unhcr.org/refugee-status-determination.html#:~:text=Refugee%20Status%20Determination%2C%20or%20RSD,international%2C%20regional%20or%20national%20law.

[2] Moira Inghilleri, National Sovereignty versus Universal Rights: Interpreting Justice in a Global Context, Social Semiotics (2007)

[3] Resolution adopted by the General Assembly on 24 May 2017, available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/N17/149/29/PDF/N1714929.pdf?OpenElement