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The International Federation of Translators

Ctedra: Traduccin jurdico econmica I

Profesora titular: Nelba Lema

Adscripto: Manuel Locria

Fecha: 10/03/2014

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
2

Table of contents
The International Federation of Translators - Page 3

By-Laws - Page 7

Rules of Procedure - Page 12

Translators Charter - Page 21

Nairobi Recommendation - Page 26

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
3

The International Federation of Translators

FIT (the Fdration Internationale des Traducteurs/International Federation of Translators) is an international


grouping of associations of translators, interpreters and terminologists. More than 100 professional
associations are affiliated, representing over 80 000 translators in 55 countries.
The goal of the Federation is to promote professionalism in the disciplines it
represents. It seeks constantly to improve conditions for the profession in all
countries and to uphold translators rights and freedom of expression.
The Recommendation for the Protection and Improvement of the Legal and
Social Status of Translations and Translators, adopted by UNESCO in 1976 at its
general conference in Nairobi, marked a milestone in the history of the translating
profession. The Translators Charter, revised in 1994, specifies the rights and
duties of translators and recommends the principles of their organization into associations. FIT is pleased
with the significant progress made in defense of the profession since its foundation, but remains conscious
of the need to further develop international cooperation. It will continue to play its vital role in overcoming
linguistic boundaries and thus maintaining good communication and understanding between the peoples of
the world.

Objetives of the Federation


As reflected in its constitution, the objectives of FIT are:

To link and bring together existing associations of translators, interpreters and terminologists
To encourage and facilitate the formation of such associations in countries where they do not already
exist
To provide member associations with information about conditions of work, technological tools,
initial and ongoing training, and all questions useful to the profession
To develop and maintain, among all member associations, good relations that serve the interests of
translators
To uphold the moral and material rights of translators throughout the world.
To promote the recognition of the professions of translator, interpreter and terminologist, enhance
the status of translators in society, and promote translation as a science and an art.

Committees
The Federation, through its committees, undertakes to meet the various expectations of its members by
addressing matters of training, conditions of work, the various aspects of the profession, and the categories
of translators, interpreters and terminologists. To take part in the work of one of the twelve committees is
an individual contribution to the profession as a whole.

Nowadays, there are 18 main committees in existence:

1. Audiovisual Translation: its mandates are (i) to report on quality in AVT and (ii) to compile a report
on the state of the art in relation to audio description (film, theatre and opera, museums, live events),
subtitling for the deaf and hard-of-hearing, re-speaking and voice-over.
2. Awards: its mandates are (i) to oversee the organization, promotion and execution of all FIT Awards
as an important means to recognize and promote excellence in the translation, interpreting and
terminology professions; and (ii) to investigate and recommend new awards.
3. Bibliography Board: its mandates are (i) to inform FIT member association and researchers about
publications on translation studies, in particular on the theory, practice and history of translation; (ii)

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
4

to inform translation circles about publications distributed by FIT and by its member associations;
and (iii) to publish bibliographic, lexicographic and historical information and communications within
the organ of the committee, the quarterly publication Translatio Bibliography Lexicography
History Reviews
4. Global Database of Complaints: set up in terms of a 2008 Congress Mandate, this committee aims
to continue developing a framework for FIT member associations to draw on cases and their
decisions to enhance and provide international credibility to their own complaints and disciplinary
process. Original Mandate from Congress: To design, draw up and work out a system for maintaining
and using a global database of complaints and disciplinary matters and related decisions in the fields
of translation, interpreting and terminology. The proposed database is modelled upon the legal
principle of case law where key facts of already adjudicated cases, their decisions and the rationales
for the decisions are recorded. It will hold such information in a way that is as anonymous as possible.
It will record only cases of serious disciplinary breaches. It will act as a guide for the profession as a
whole and for individual member organizations as to what constitutes a serious disciplinary breach.
It will make available the wisdom and experience of other FIT member organizations concerning
complaints handling, disciplinary process and their remedies. It will contribute to the wider
development of basic principles on procedural matters regarding complaints handling and
disciplinary processes, especially for small member organizations of FIT. It will contribute to the
development of a global/trans-national code of ethics.
5. Copyright: its mandates are (i) to monitor the international situation of copyright as far as translation
is concerned; (ii) to create a repository of information related to copyright on the FIT website; (iii) to
issue regular reports to members on information gathered, in particular through FITs membership
of IFFRO; (vi) to help FIT members deal with copyright issues in their countries and to update them
on the international situation; (v) to represent FIT and its members in promoting the moral and
financial interests of translators at the international level.
6. Education and Development: its mandates are (i) to develop a repository of training opportunities;
(ii) to develop guidelines on minimal requirements for programs that train and programs that certify
translators, interpreters and terminologists; (iii) to develop guidelines on continuing professional
development (CPD), including the creation and maintenance of a CPD system; (iv) to investigate the
feasibility of an international CPD network under the auspices of FIT.
7. Human Rights: its mandates are (i) to work on HR issues in consultation with the PR Committee in
the light of the policy on intervention in areas of conflict with translators and interpreters rights; (ii)
to monitor incidents and situations of abuse of the rights of translators and interpreters and to work
with the PR Committee in issuing statements and other action by FIT.
8. Legal Translation: its mandates are (i) to organize international meetings as a platform for legal
translators and court interpreters to meet and exchange opinions and experiences; (ii) to participate
in international projects concerning LTCI; (iii) to assist national associations in implementing their
public tasks; (iv) to contribute to promoting the professional status of legal translators and court
interpreters; (v) to ensure adequate dissemination of information about legal translation and court
interpreting.
9. Medical Interpreting: its mandate are (i) to increase the visibility of medical interpreters internally
and externally and (ii) to recruit further members from this sector.
10. Organizational Development: its mandate is to review the federations structures and make
proposals for adapting them as necessary so that FIT is capable of meeting the challenges of the 21st
century.
11. Publications Review: its mandates are (i) to investigate the purpose and function of the FIT
publications in the context of technological and other advancements; (ii) to consider how they relate

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
5

to one another; and (iii) to make recommendations on the best bouquet of publications for the FIT
membership.
12. Public Relations: its mandates are (i) to improve internal dialogues and communication between the
various organs of the FIT and the member association as well as amongst member associations; (ii)
to work towards a stronger presence on behalf of the profession and out membership in
international forums, as well as cooperating with other committees of FIT to build a wider presence
for and maintain the brand and reputation of FIT.
13. Standards: aims to build a repository of information on various T&I standards around the world. In
the course of this work, recommendations will be made as to what role FIT should play in this
important area of our profession. The repository and recommendations of the Standards Committee
should include at least the following three types of standards: (i) ISO standards relating to translation,
interpreting and terminology; (ii) standards (i.e. minimal requirements) for programs that certify
translators, interpreters and terminologists (these standards could eventually be used by specialized
accreditation bodies and should be coordinated with the FIT Education and Professional
Development Committee so that education and certification are aligned); (iii) Technology-related
standards (this work must be conducted in cooperation with the Translation Technology and
Terminology Committee).
14. Terminology: its mandates are (i) to disseminate useful information for all FIT member associations
and other interested parties in electronic form only; (ii) to centralize for the benefit of FIT and its
members the public documents (surveys, glossaries, etc.) that are currently available through various
channels, with due regard to copyright; (ii) subject to available resources and means, undertake any
activity that is in the interests of FIT and its members
15. Training: its mandate is to work in close co-operation with the trainers and training institutes to
inform them of market needs.
16. Translation and Culture: its mandates are (i) to organize regional meetings/seminars/workshops as
a platform for scholars and practitioners in translation and cultural studies to meet and exchange
ideas and experience in both research and teaching; (ii) to participate in international conferences,
forums and projects concerning TCS; (iii) to assist national associations in TCS-related projects and
tasks; (iv) to promote interdisciplinary studies in translation, culture and
communication (esp. the translation of visual texts such film, television and advertising)
17. Translation Technology: its mandates are (i) to keep track of changes in the general direction of
translation technology and new products that are available world-wide to translators and to inform
FIT member associations in this regard; (ii) to disseminate useful terminological information for all
FIT member associations and other interested parties in electronic form; (iii) to centralize for the
benefit of FIT and its members terminology-related public documents (surveys, glossaries, etc.) that
are currently available through various channels, this work would need to be done in cooperation
with terminology associations and with due regard to copyright.
18. Travel Funding: its mandates are (i) to devise a workable system under which Council members costs
of attending Council meetings may be reimbursed from FITs own funds raised for that specific
purpose, in addition to the costs of Executive Committee meetings already funded; (ii) to decide on
the future of the Travel Support Fund; (iii) to make proposals to Congress accordingly.

Governing Bodies
FITs supreme body is the Statutory Congress, which is held every three years. It brings together delegations
from the member associations, and it elects the Council, which in turn elects its Executive Committee and
directs FIT until the next world congress. The governing bodies are supported by different committees, which
report to the Council annually about their activities, and to the congress. The statutory congress is followed

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
6

by an open congress, which is an outstanding platform for exchanges among all professionals in the
translation sector.

Regional Centers
These centers foster the activities of FIT in their regions, organizing meetings to strengthen exchanges
between member associations on any questions concerning the profession, and liaising with the FIT Council.
Three regional centers are currently active: FIT Europe, FIT Latin America and FIT North America. A forth
center is being considered in Asia.

Publications and Public Relations


The journal BABEL and the bulletin Translatio are the Federations quarterly publications, and are widely
disseminated. Babel is a scholarly publication presenting articles from all round the world. Translatio is the
Federations information organ, telling members about its activities and those of its committees and member
associations. The proceedings of each congress are also published, and serve as a further source of valuable
information to those interested in the many facets of the translation profession. In addition, FIT participates,
between its own world congresses, in the organization of seminars, colloquia and round table discussions on
various aspects of the profession.

Secretariat
FIT has had a part-time secretariat (20 hours a week) since 1999. The secretariat is the anchor for FITs
membership administration and activities. The secretariat works closely with the EC and Council and relevant
task forces.

The FIT Secretariat has been located in Switzerland since October 2010, after 11 years in Canada, and is run
by FITs Executive Director, Jeannette rsted.

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
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By-Laws
Registered Office : REGUS, 57 rue dAmsterdam, 75008 Paris, France.

An international association created by a French ministerial order dated March 18, 1954, and registered at the Pr&eacutefecture
de police de Paris on June 15, 1954, under No. 26.721.

As last amended by the XIXth Statutory Congress at San Francisco in July 2011

I NAME, REGISTERED OFFICE, DURATION AND


PURPOSES
Article 1 The FDRATION INTERNATIONALE DES TRADUCTEURS (FIT), an international non-profit organisation, formed
under and registered in accordance with the Laws of France, is a federation of associations of translators. Commercial entities
and organisations of commercial entities are not eligible for membership.
The word translator is used herein in its wider meaning and includes persons who practise translation in all its forms, written or
spoken, including those specialising in one of the elements of the translation process or in research and education.

Article 2 The Federation is established for an indefinite period of time.


Its statutory seat is in Paris.

Its Secretariat shall elect domicile at the office of the Secretary General or in any other place determined by the Council.

Article 3 The purposes of FIT shall be solely professional, cultural and scientific. FIT shall be non-political and shall not have
any religious affiliation.
Article 4 The principal objectives of FIT shall be:
(a) to bring together associations of translators and to promote interaction and co-operation between such associations

(b) to sponsor and facilitate the formation of such associations in countries where they do not already exist

(c) to establish links with other organisations devoted to translation or other aspects of interlingual and intercultural communication

(d) to develop among all member organisations such harmony and understanding as will promote the interests of translators, and
lend its good offices, whenever desirable or necessary, in resolving any differences that may arise between the various
organisations

(e) to provide member organisations with such information and advice as may be useful to them

(f) to promote training and research

(g) to promote the harmonisation of professional standards

(h) and, generally, to uphold the moral and material interests of translators throughout the world, advocate and advance the
recognition of their profession, enhance their status in society and further the knowledge and appreciation of translation as a
science and an Art.

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
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Article 5 FIT shall also represent professional translators at the international level, particularly vis-&agrave-vis international
governmental and non-governmental organisations and public opinion, ensure representation at meetings that may concern
translators and translation at any international level, prepare and issue publications, and organise or arrange for the organisation
of meetings at which all matters concerning translators and translating may be discussed.

Article 6 More generally, FIT shall take an active interest itself in developing the theory and practice of translation in all its forms,
seek to promote such interest in all appropriate quarters, and do and perform all acts and things likely to assist in the spreading
of culture throughout the world.

II MEMBERSHIP
CATEGORIES OF MEMBERSHIP

Article 7 FIT shall have the following categories of members: regular members, associate members and observer members.

ADMISSION TO MEMBERSHIP

Article 8 Any representative professional association of translators with purposes in accordance with those of FIT may be
admitted as a regular member.
Article 9 An organisation interested in the activities and in the furtherance of the purposes of FIT may be admitted as an
associate member.
Article 10 Any professional association of translators or organisation being independent or as a defined part of another
association, or organisation interested in the purposes of FIT may become an observer member.
Article 11 Applications for regular or associate membership shall be submitted to the Council which, after review, may grant the
status of Candidate Member in the category applied for.
Article 12 Applications for observer membership shall be submitted to the Council, which, after review, may grant the status of
observer member for a three year period. This period may be extended by the Council at its discretion for another three years.
Article 13 Any applicant contemplated in article 11 whose application has been rejected by the Council may present its case to
the next Congress. The Congress may admit such applicant by a 3/5 majority.
Article 14 Candidate members shall enjoy the same rights, with the exception of the right to vote, and be subject to the same
duties as full members in their category. They shall obtain full membership status at the next Congress unless the Congress
decides by a 3/5 majority to refuse the candidate member definitive admission. If so, the applicant shall lose candidate member
status but shall be allowed to file a new application.
Article 15
a) An individual or organisation interested in the purposes of FIT and wishing to provide support to the Federation may be admitted
as a sponsor member.

b) Sponsor members shall be admitted by the Executive Committee, subject to approval by the Council. If, for any reason, Council
should refuse to approve final admission as a sponsor member, dues received from the would-be sponsor shall be refunded.

Article 16 The capacity of honorary advisor is granted to individuals who have contributed in a special way to promoting the
aims of the Federation. Council puts forward the nominations that Congress approves with a majority. The capacity of honorary
advisor is granted for life. The honorary advisor may attend any meeting of the Executive Committee, of the Council and any
session of the Statutory Congress as an observer, where observers are invited, or by specific invitation of the President of FIT.
FIT will not defray the expenses incurred by the honorary advisors

TERMINATION OF MEMBERSHIP

Article 17 Any member may withdraw from FIT at the end of any calendar year by written notification of withdrawal, addressed
to the FIT Council c/o the Secretary General not less than six months prior to the end of the calendar year.
Article 18 Termination of membership shall be recorded by the Council when a member has ceased to exist.

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ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
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Article 19 The Council may suspend a regular, associate or observer member that has failed to pay its dues for more than one
year. Such decision shall require a simple majority of all Council members.
Article 20 The membership of a regular, associate or observer member may be terminated by decision of the Statutory Congress
if the purposes or activities of the member concerned have become incompatible with the purposes of FIT. The Congress may
also terminate the membership of a regular, associate or observer member who, having been suspended by the Council under
the preceding article at least one year earlier, has failed to pay its dues as required. A decision to terminate membership shall
require a 3/5 majority.
Article 21 The Council may decide to terminate the membership of a sponsor member. Any dues received for the year in which
such a decision is made shall be refunded.

III GOVERNING BODIES


THE CONGRESS

Article 22 The supreme governing body of FIT shall be the Congress.


Article 23 The Congress shall be composed of delegates from regular members. Associate, observer, and sponsor members
may be represented by observers.
Article 24 The Congress shall meet every three years at a place and approximate date determined by the preceding Congress.
The exact date and venue and the proposed agenda of each Congress shall be determined by the Council in accordance with the
provisions of the Rules of Procedure.
Article 25 The Congress shall receive the report of the outgoing Council, decide on general policy and activities of FIT, fix dues
and assessments, appoint the auditors and hold the elections within its competence.
Article 26 If, for reasons of force majeure, the Congress cannot take place at the chosen venue at the chosen date, the Council
may postpone it for up to one year.
Article 27 Attendance by, or representation by proxy of, at least one-third of regular members in good standing shall constitute
a quorum.
Representation by proxy shall be by another regular member in good standing with a proxy or by a Council member, other than
the Treasurer, or the Secretary General, with a proxy. A regular member or a Council member may not represent more than two
regular members by proxy.

Article 28 Should the quorum not be reached, the Council shall call an extraordinary Congress that can make valid decisions
regardless of the number of regular members present or represented. This extraordinary Congress shall take place within 6
months of the Congress where the quorum was not attained.
Article 29 The right to vote shall be limited to regular members. Associate members and observers shall have the right to speak
but not the right to vote.
Article 30 A regular member shall have one (1) vote.

THE COUNCIL

Article 31 During the interval between meetings of the Congress, the Council shall be the governing body of FIT. The Council
shall meet at least once a year.
Article 32 The Council shall be elected directly by the Congress and shall remain in office until the next following Congress, to
which it shall be answerable, shall report on its past conduct of affairs, and make recommendations for its future activities.
Article 33 The Council shall be composed of 17 persons who are individual members of any regular member of FIT in good
standing at the time of the election.
(a) No association may nominate more than two of its members for Council.

(b) Fourteen Council members shall be elected by a plurality of votes cast by regular members in good standing, present or
represented at the Congress, from among the candidates nominated by or with the express written consent of these associations.

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(c) Three more councillors shall be co-opted by secret ballot of the newly elected councillors, at their first meeting, specifically to
ensure that the full Council (elected plus co-opted members) will so far as possible include representation of the major
geographical regions, languages and communication specialities.

Article 34 The term of office of a councillor shall expire:


(a) upon death

(b) upon resignation

(c) upon termination of the councillors mem-bership in the member association by which he or she had been nominated

(d) upon termination of membership in FIT of the member association by which he or she had been nominated

(e) upon a request for his or her withdrawal made by the member association by which he or she had been nominated

(f) by exclusion should there be serious misconduct, on Councils decision taken by 2/3 majority of members

(g) upon completion of three full consecutive terms this shall not preclude the possible re-election of the said councillor after an
additional period of three years has elapsed.

Article 35 Seats on the Council falling vacant more than one year prior to the next Congress shall be temporarily filled by co-
option. Seats on the Council falling vacant within one year of the next Congress shall not be filled.

THE EXECUTIVE COMMITTEE

Article 36 The Council shall elect from its members an Executive Committee composed of a President, three Vice-Presidents,
a Treasurer, a Secretary General and, if necessary, one or more other members, all of whom shall serve without remuneration.
Under normal circumstances, an office bearer shall hold no more than one office. With the consent of the Council, the Executive
Committee may establish a permanent Secretariat of FIT and hire salaried staff.
Article 37 The Executive Committee shall be elected for the same term of office as the Council. Under normal circumstances,
the Executive Committee shall meet at least three times a year.
Article 38 It shall submit a report of its activities to every meeting of the Council and shall be answerable to it.

IV FINANCE
MANAGEMENT OF FUNDS

Article 39 The financial resources of FIT shall be derived primarily from the dues and contributions received from member
organisations.
Article 40 The Treasurer shall be responsible for the proper administration of all available resources and their appropriations.
The Treasurer shall keep the Executive Committee informed of the financial position of FIT and submit accounts. Moreover, the
Treasurer shall prepare a financial statement for and on behalf of the Executive Committee for each meeting of the Council.
Article 41 At the latest on 30th April each year, the Treasurer, on behalf of the Council, shall submit a financial statement
covering the calendar year ended to all member organisations. The financial statements included in this report shall be
accompanied by a review engagement report drawn up by an accounting professional.
Article 42 The Treasurer, on behalf of the Council, shall submit at the latest by 31 December of each year to all member
organisations a budget estimate covering the next financial period.
DUES

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ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
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Article 43 Each Member Organisation shall pay such annual dues as shall be fixed by the Congress upon motion by the Council.
Article 44 Any regular member that has failed to pay its annual dues up to and including the current year shall not have the
right to vote at Congress.

V PROCEDURES
LEGAL REPRESENTATION

Article 45 FIT shall be legally represented either by the President and Secretary General of FIT together or by one of them
acting jointly with one of the vice-presidents appointed for this by the Executive Committee at its first meeting.
RULES OF PROCEDURE

Article 46 The Rules of Procedure, as adopted and, as the case may be, amended by a majority vote of the Congress, shall
determine the working procedures of FIT, its organs and its Committees, as well as the rights and duties of its members.

ADOPTION AND AMENDMENTS OF THE BY-LAWS

Article 47 The By-laws shall be adopted by a two-thirds majority at any Congress where the quorum set by Article 27 has been
assembled, and any amendments thereof must be adopted by the same majority.
Article 48 Notice of any amendment proposed by a regular member, the Executive Committee or the Council must be sent by
the Executive Committee to all member organisations at least two months prior to the meeting of the Congress by which time
such an amendment will have to be considered, unless the Congress decides, by a two-thirds majority of all the regular members
present or represented, to admit the proposed amendment to the vote.
Article 49 In special cases the Council may, however, decide to submit any proposal for amendment of the By-laws to a postal
vote. Unless it is based on a decision previously adopted by a majority of all voting members, in order to be adopted, such a
written proposal must be approved by a two-thirds majority of such members. A postal vote of this kind may not be held in the
twelve months preceding the Congress.
VI DISSOLUTION

Article 50 The quorum for a Congress specially convened to decide on the dissolution of FIT or for an ordinary meeting of the
Congress called upon to discuss such dissolution shall be one-half of the regular members plus one. Dissolution may be resolved
only by a two-thirds majority of regular members present.
Article 51 If a quorum is not attained at the first meeting, a new meeting of the Congress, called at least two months in advance,
shall be held not later than six months after the Congress where a quorum was not attained. At this second meeting, the decision
may be made by simple majority.
Article 52 In the event of dissolution, the Congress shall appoint liquidators to wind up the Federation.
The Congress shall dispose of the net assets in whatever way it may deem best, subject only to compliance with the Laws of
France.

VII COMING INTO FORCE


Article 53 Amendments to the By-laws shall come into force immediately upon their adoption. In case of amendments adopted
by postal vote, these shall become binding three months after the date when Member Organisations were notified of the outcome
of the written consultation.

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Rules of Procedure
as last amended by the XIXth Statutory Congress at San Francisco in July 2011

I THE CONGRESS
NOTICE

1. A notice stating where and when the Congress shall take place shall be sent to members by the Secretary General at least two
months prior to the Congress.

Such a notice shall be accompanied by a draft agenda.

DELEGATIONS AND CREDENTIALS

2. Each regular member taking part in the Congress shall submit to the Secretary General a list of names of its delegates
designating the head of its delegation.

3. A delegation shall not include more than three delegates; it may be accompanied by a reasonable number of observers.

4. The vote shall be cast by the head of the delegation or, in his or her absence, by one of the other delegates in the order in
which their names appear on the list.

5. A regular member not represented at the Congress may assign its proxy, in writing, to another regular member in good standing.

6. Before and during the Congress, a Credentials Committee made up of the Secretary General and the Treasurer, shall review
proxies and determine whether members wishing to participate directly or by proxy to decisions made by the Congress are in
good standing. The Credentials Committee shall report continuously to the Congress on the number of members present or
represented by proxy who are authorised to vote. The Congress may, at any time and for good reason, dissolve this committee
and appoint a new Credentials Committee that may overrule the previous committee conclusions.

CONGRESS VOTING PROCEDURE

7. Votes on business shall normally be taken by a show of hands and, unless otherwise provided in the By-laws, by a simple
majority of votes cast by the regular members present or represented by proxy; abstentions shall not be counted.

8. In the event of objections or doubt, the Chairperson may proceed to take a second vote, either by a show of hands or by secret
ballot.

9. At the request of one delegation and seconded by another, a request for a secret ballot may be voted upon and resolved before
the matter under discussion is actually put to the vote. A decision to take a secret vote shall be adopted by a simple majority of a
show of hands.

10. A secret ballot shall be the rule for elections to Council.

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11. The Congress shall appoint three scrutineers who shall assist the chairperson in counting votes cast by a show of hands and
who shall count votes cast by secret ballot. A scrutineer who is a candidate for a position being voted upon shall be replaced by
another scrutineer appointed by the Congress.

PROCEDURE DURING DEBATES

12. The Congress shall be chaired by the President of FIT or a Vice-President appointed by the President. The Congress may
however at any time decide by vote to dismiss the chairperson and to appoint a successor who shall assume the chair immediately.

13. Meetings of the Congress shall be conducted in accordance with rules generally accepted for deliberative assemblies.

14. The chairperson, or any regular member seconded by another regular member, may propose that time limits be set for
discussions.

15. Any duly represented regular member may submit a motion related to the agenda item under discussion.

Before it may be discussed, such a motion must be seconded by another delegation.

OBSERVERS

16. In addition to associate and observer members, candidate members may be represented by observers. The chairperson shall
grant reasonable speaking time to such observers when their admission to full membership is being discussed.

17. The observers referred to in the previous section shall receive the same documents as regular members.

18. The Council and the Executive Committee may invite observers to a congress, indicating the items on the agenda for which
such observers may be admitted.

19. The Congress may at any time invite an observer to attend one or more of its meetings.

It may also request an observer to refrain from attending certain meetings.

20. Observers invited under either of the two preceding articles may receive documents within the limits laid down by the body
that invited them.

II THE COUNCIL
MEETINGS

21. The first meeting of the newly elected Council shall take place immediately after the Congress. The outgoing President chairs
until the new Committee is elected. The Secretary General also remains in office until the new Committee is elected.

22. At the time of this first meeting, the members of Council elected shall first of all proceed to the cooption laid down in article 31
of the By-laws.

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23. At its first meeting the Council shall elect from among its members the Executive Committee; the vote shall be taken by secret
ballot, each name to be submitted separately.

24. Any vacancy on the Executive Committee shall be filled by Council using the same voting procedure.

25. Attendance by at least half the members of the Council shall constitute a quorum.

26. The date and place of the next meeting shall be determined by the Council.

DEPUTIES, EXPERTS AND OBSERVERS

27. Any Council member may nominate a deputy to replace him or her at a Council meeting; this shall be done in writing by means
of a letter addressed to the President or the Chairperson of that meeting, as the case maybe. A person designated as a deputy
must be a member of a regular member of FIT in good standing at the time of the nomination.

28. A Council member who wishes to be supported by an expert must have the permission of the President or Chairperson of the
Meeting in advance; such permission may be granted subject to ratification by the Council at the opening of the meeting.

29. Chairpersons of commissions or committees, special delegates and representatives of member organisations may attend
Council meetings as observers.

30. The Council may invite other observers. The Executive Committee may also do so subject to approval by Council.

31. (a) The Council may decide to hold part of a meeting without the presence of experts and observers.

(b) The Council may decide to approve participation by electronic means in meetings.

COUNCIL VOTING PROCEDURE

32. Except for decisions pursuant to article 19 of the By-laws or to article 36 of these Rules of Procedure, Council decisions shall
be taken by simple majority of the members present or represented by a deputy.

If there is a tie, the chairperson shall have a casting vote.

33. Except for the co-option of Council members and election to the Executive Committee, decisions shall be taken by a show of
hand.

On the motion of the chairperson, or another member of Council seconded by another member, Council may however decide to
use a secret ballot.

34. At any time between Council meetings, the Executive Committee or the President, on his or her own initiative, may consult
other Council members using the procedure for electronic voting agreed upon by Council. A decision shall be considered to have
been taken as soon as a motion has been approved or rejected by a majority. The results of the vote shall be communicated
immediately to the Council members by the Secretary General.

REPORTS TO COUNCIL

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35. At each of its annual meetings, the Council shall hear reports from the President, the Secretary General, the Treasurer, the
Director of BABEL, the Managing Editor of Translatio-FIT Newsletter, the chairs of commissions and committees, including the
Executive Committees of Regional Centres, and special delegates.

36. If the Council, by a two-thirds majority vote of all Council members, refuses to accept a report presented by a member of the
Executive Committee, the member in question shall be required to relinquish his or her duties and an election to replace him or
her shall be held on the following day. In any event, he or she will retain his or her functions as a member of the Council. Such a
rejection shall be effective only as a result of a vote taken at a proper meeting of the Council at which the member in question
may render an account and state his or her views. No decision of this nature shall be taken by correspondence.

AUTHORITY AND DUTIES OF COUNCIL

37. The management and administration of FIT shall be vested in the Council. The latter may exercise all powers and perform all
such acts as may be lawfully done and performed by FIT within the scope of its By-laws and these Rules of Procedure.

38. Without prejudice to the general powers of the Council as described above, it is expressly declared that the Council shall have
the following special powers and/or obligations:

(a) to purchase and lease property;

(b) to institute, conduct, defend, assist in or abandon any legal proceedings by or against FIT or its officers or Members, or
otherwise concerning the By-laws or interests of FIT;

(c) to authorise payments incidental to the development of FIT;

(d) to appropriate, allocate and apply the funds of FIT to any of the objectives of FIT and, if necessary, to raise funds by any
available legal means;

(e) to draw up minutes of all meetings, which shall be read and approved at the next meeting and signed by the chairperson of
that meeting.

Once approved by Council, the minutes shall be sent as soon as possible to members.

III THE EXECUTIVE COMMITTEE


39. The Executive Committee shall meet whenever convened by the President or by the Executive Committee member
empowered to exercise the Presidents duties.

40. The Executive Committee shall also meet whenever a meeting is requested by any two of its members. The meeting shall
then be convened within a month.

41. The meetings shall be held at such place as the Executive Committee shall determine.

42. Attendance by at least half of the members of the Executive Committee shall constitute a quorum.

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43. Votes shall always be taken by a show of hands and recorded by name.

44. In the event there are particularly important matters to be dealt with, those members of the Executive Committee who are
unable to attend the meeting shall be consulted in writing and shall be allowed to vote by correspondence.

45. In case of a tie, the chairperson shall have a casting vote.

46. The Executive Committee may invite observers or experts to its meetings.

PRESIDENT AND VICE-PRESIDENTS

47. The President shall be the highest ranking officer and spokesperson for FIT. The President shall chair the Congress, subject
to Article 12 of these Rules of Procedures, as well as Council and Executive Committee meetings. He or she shall be an ex officio
member of all committees.

48. The Vice-Presidents shall assist the President. Should the President be prevented from discharging his or her duties, such
functions shall be taken over by the Vice-President appointed by the Executive Committee at its discretion and without delay.

SECRETARY GENERAL

49. The Secretary General shall be responsible for organising Council and Executive Committee meetings and seeing to it that
the notices of meetings, proposed agendas and relevant documents are received in time by those concerned.

50. The Secretary General shall be responsible for keeping the minutes of the Congress and of Council and Executive Committee
meetings.

51. Correspondence shall be received and dispatched by the Secretary General, the President being constantly kept informed.

52. If the Secretary General is unable to attend a meeting, his or her functions shall be taken over by a vice-president appointed
by the Executive Committee.

53. With the permission of the Executive Committee and on his or her own personal responsibility, the Secretary General may be
assisted by an assistant who may attend meetings of the Executive Committee at the discretion of the Executive Committee.

TREASURER

54. The responsibilities of the Treasurer are described in Articles 38, 39 and 40 of the By-laws.

55. With the permission of the Executive Committee and on his or her own personal responsibility, the Treasurer may be assisted
by an assistant who may attend meetings of the Executive Committee at the discretion of the Executive Committee.

AUTHORITY AND DUTIES OF THE EXECUTIVE COMMITTEE

56. Subject to ratification at the subsequent meeting of the Council, the Executive Committee shall have the following powers:

(a) to carry out the instructions specifically given to it by the Council or Congress, and to carry on the routine business of FIT in
accordance with standing or prior instructions;

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(b) to appoint and, at its sole discretion, to remove or suspend any secretary, clerk, agent or servant, to or from permanent,
temporary or special employment or service, and to determine their duties and fix their salaries or emoluments, as the case may
be;

(c) to let FIT property as may be required for the purposes of the Federation;

(d) to pay all sums of money incidental to the development of FIT, in implementation of the budget for the current year as adopted
by the Council;

(e) to refer to the Council or Congress all matters for which specific instructions have not been received or for which there is no
precedent, except that in an emergency the Executive Committee may act on its own initiative, informing the Council immediately
of what it has done;

(f) to recommend rules of procedure to be followed by the Council and the Executive Committee.

57. The Executive Committee shall keep minutes of all meetings. Once the minutes approved, they shall be released to all member
associations and organisations.

IV ADMISSIONS, SUSPENSIONS, AND TERMINATIONS


OF MEMBERSHIP
58. Before being submitted to Council pursuant to Article 11 of the By-laws, applications for membership shall be submitted to the
Executive Committee by the Secretary General, together with the relevant documentation that shall necessarily include the total
number of members in the association. The Executive Committee acting alone or with the assistance of persons appointed for
that purpose shall examine the acceptability of applications and submit them to the Council together with its recommendations for
a decision. In the course of its examination, the Executive Committee may confidentially consult member organisations likely to
provide informed advice on the acceptability of the application. However, neither the Executive Committee nor the Council shall
be bound by such advice.

The Secretary General shall notify the applicant as soon as possible of the decision taken. Should an application be rejected, the
applicant shall be given the option of presenting their case to the next Statutory Congress.

59. A list of candidate members recommended to the Congress for admission to full membership shall be sent to member
organisations at least two months prior to the Congress.

60. A member suspended pursuant to Article 18 of the By-laws shall be immediately informed of such decision by the Secretary
General by way of a letter sent first by e-mail and then, if no acknowledgement is received within seven working days, by registered
post sent to the last known address of the member. The letter shall specify the conditions to be met for the suspension to be
reversed and shall remind the member of the provisions for termination of membership in Article 19 of the By-laws.

61. Decisions of Council on the admission of a candidate member or an observer member, or on the suspension of a regular or
associate member or on the striking off of an observer member shall be taken behind closed doors and in the absence of the
member whose case is under consideration.

62. Decisions of Congress on the admission to full membership of a candidate member or on the expulsion of a regular or associate
member shall be taken behind closed doors and in the absence of the member whose case is under consideration.

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63. Newly admitted regular members may be recognised as voting members right away; they may not vote however on the
admission of other members.

ASSOCIATE MEMBERS

64. In addition to the right to send observers to the Congress, associate members may participate in any activities that FIT may
undertake. They can send observers to Council and Executive Committee meetings upon the written invitation of those bodies.

65. Associate members shall invite FIT to be represented by observers at their own meetings and activities to the extent they
judge appropriate.

V LANGUAGES
66. The official languages of FIT shall be French and English. Other languages may be admitted as working languages on an ad
hoc basis.

67. At Congress, Council and Executive Committee meetings, delegates shall have the right to speak in the language of their
choice. It will be the responsibility of the delegate concerned to provide his or her own interpreter.

VI REGIONAL CENTRES
68. FIT shall seek to set up Regional Centres to meet the needs of translators associations in specific regions. Once established,
Regional Centres shall adopt their own regulations, which shall be subject to Council ratification, and may assume responsibility
for their own financing.

69. New FIT members automatically belong to the respective Regional Centre and shall be informed accordingly by the FIT
Executive Director.

70. Regional Centres shall report regularly to the Council and shall in turn receive ad hoc information from the Council on any
developments or occurrences affecting or pertaining to their specific region.

71. Regional Centres shall be entitled to receive a brief annual report from FIT Committees on any projects or activities affecting
or pertaining to their specific region. They shall also have the right to send a representative to FIT Committee meetings as an
observer.

72. Regional Centres shall seek to exchange information among themselves on a regular basis.

VII FIT COMMITTEES

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73. Committees may be established at any time by either the Statutory Congress or the Council, at their own initiative or at the
request of three or more regular members. The body establishing a new committee shall appoint three members to it, who shall
elect a chairperson from among their own number.

74. The Committee shall be free to appoint additional members with the agreement of the Council and of the associations to which
the new members belong. All Committee members shall have a mandate from their association.

75. Each Committee shall draw up a programme of work with a detailed timetable and a statement of the aims to be achieved,
and shall report on progress to every meeting of the Council. Failure to report to a Council meeting shall entail the automatic
dissolution of the Committee.

76. Each Committee shall submit a budget together with its programme of work; the Council shall grant funds and authorise their
release in accordance with the budget and after consulting the FIT Treasurer.

77. The FIT annual budget and accounts submitted to all member organisations in terms of Articles 39 and 40 of the By-laws shall
include an item FIT Committees.

78. Chairpersons and other Committee members shall be appointed to a Committee for a maximum of three consecutive terms
of office.

VIII PUBLICATIONS
BABEL

79. FIT shall publish a quarterly scholarly journal Babel devoted to information, development and research in translation,
interpreting and related fields.

80. The Director of Babel shall be appointed by the Council, upon the recommendation of the Executive Committee, on the basis
of competence and qualifications.

81. The Director of Babel may attend Congresses and Council and Executive Committee meetings as an observer. He or she
shall submit a report to each Council meeting or to any meeting of the Executive Committee at the latters request.

82. The Editor of Babel shall be appointed by the Council upon the recommendation of the Executive Committee and shall be
accountable to the Director of Babel.

83. The rights and obligations as well as the duties of the Editor of Babel shall be determined by contract. The contract shall be
signed and executed in the name of FIT by the Director of Babel and the President of FIT after consultation with the Council.

TRANSLATIO FIT NEWSLETTER

84. FIT shall publish an official information bulletin Translatio-FIT Newsletter. This quarterly bulletin shall keep readers informed
of FIT activities, such as symposia and the work of committees, and convey information about member organisations. It shall also
provide relevant general information.

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85. The Editor of Translatio-FIT Newsletter shall be appointed by the Council upon the recommendation of the Executive
Committee.

86. The Editor of Translatio-FIT Newsletter may attend Congresses and Council and Executive Committee meetings as an
observer. He or she shall submit reports regularly to the Council or to the Executive Committee at the latters request.

87. The rights and obligations as well as the duties of the Editor of Translatio-FIT Newsletter shall be determined by contract
signed for FIT by the President of FIT acting on behalf of Council.

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Translators Charter

Translator's Charter
(approved by the Congress at Dubrovnik in 1963,
and amended in Oslo on July 9, 1994)

The International Federation of Translators

noting

that translation has established itself as a permanent,universal and necessary activity in the world of
today; that by making intellectual and material exchanges possible among nations it enriches their life
and contributes to a better understanding amongst men;

that in spite of the various circumstances under which it is practised translation must now be recognized
as a distinct and autonomous profession; and

desiring

to lay down, as a formal document, certain general principles inseparably connected with the profession
of translating, particularly for the purpose of

- stressing the social function of translation,

- laying down the rights and duties of translators,

- laying the basis of a translator's code of ethics,

- improving the economic conditions and social climate in which the translator carries out his activity,
and

- recommending certain lines of conduct for translators and their professional organizations, and to
contribute in this way to the recognition of translation as a distinct and autonomous profession,

announces the text of a charter proposed to serve as guiding principles for the exercise of the profession
of translator.

Section I
GENERAL OBLIGATIONS OF THE TRANSLATOR

1. Translation, being an intellectual activity, the object of which is the transfer of literary, scientific and
technical texts from one language into another, imposes on those who practice it specific obligations
inherent in its very nature.

2. A translation shall always be made on the sole responsibility of the translator, whatever the character
of the relationship of contract which binds him/her to the user.

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3. The translator shall refuse to give to a text an interpretation of which he/she does not approve, or
which would be contrary to the obligations of his/her profession.

4. Every translation shall be faithful and render exactly the idea and form of the original this fidelity
constituting both a moral and legal obligation for the translator.

5. A faithful translation, however, should not be confused with a literal translation, the fidelity of a
translation not excluding an adaptation to make the form, the atmosphere and deeper meaning of the
work felt in another language and country.

6. The translator shall possess a sound knowledge of the language from which he/she translates and
should, in particular, be a master of that into which he/she translates.

7. He/she must likewise have a broad general knowledge and know sufficiently well the subject matter
of the translation and refrain from undertaking a translation in a field beyond his competence.

8. The translator shall refrain from any unfair competition in carrying out his profession; in particular,
he/she shall strive for equitable remuneration and not accept any fee below that which may be fixed by
law and regulations.

9. In general, he/she shall neither seek nor accept work under conditions humiliating to himself/herself
or his/her profession.

10. The translator shall respect the legitimate interests of the user by treating as a professional secret any
information which may come into his/her possession as a result of the translation entrusted to him/her.

11. Being a "secondary" author, the translator is required to accept special obligations with respect to the
author of the original work.

12. He/she must obtain from the author of the original work or from the user authorization to translate a
work, and must furthermore respect all other rights vested in the author.

Section II
RIGHTS OF THE TRANSLATOR

13. Every translator shall enjoy all the rights with respect to the translation he/she has made, which the
country where he/she exercises his/her activities grants to other intellectual workers.

14. A translation, being a creation of the intellect, shall enjoy the legal protection accorded to such
works.

15. The translator is therefore the holder of copyright in his/her translation and consequently has the
same privileges as the author of the original work.

16. The translator shall thus enjoy, with respect to his/her translation, all the moral rights of succession
conferred by his/her authorship.

17. He/she shall consequently enjoy during his/her lifetime the right to recognition of his/her authorship
of the translation, from which it follows, inter alia, that

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(a) his/her name shall be mentioned clearly and unambiguously whenever his/her translation is used
publicly;

(b) he/she shall be entitled to oppose any distortion, mutilation or other modification of his/her
translation;

(c) publishers and other users of his/her translation shall not make changes therein without the
translator's prior consent;

(d) he/she shall be entitled to prohibit any improper use of his/her translation and, in general, to resist
any attack upon it that is prejudicial to his/her honor or reputation.

18. Furthermore, the exclusive right to authorize the publication, presentation, broadcasting, re-
translation, adaptation, modification or other rendering of his/her translation, and, in general, the right to
use his/her translation in any form shall remain with the translator.

19. For every public use of his/her translation the translator shall be entitled to remuneration at a rate
fixed by contract or law.

Section III
ECONOMIC AND SOCIAL POSITION OF THE TRANSLATOR

20. The translator must be assured of living conditions enabling him/her to carry out with efficiency and
dignity the social task conferred on him/her.

21. The translator shall have a share in the success of his/her work and shall, in particular, be entitled to
remuneration proportional to the commercial proceeds from the work he/she has translated.

22. It must be recognized that translation can also arise in the form of commissioned work and acquire
as such rights to remuneration independent of commercial profits accruing from the work translated.

23. The translating profession, like other professions, shall enjoy in every country a protection equal to
that afforded to other professions in that country, by collective agreements, standard contracts, etc.

24. Translators in every country shall enjoy the advantages granted to intellectual workers, and
particularly of all social insurance schemes, such as old-age pensions, health insurance, unemployment
benefits and family allowances.

Section IV
TRANSLATORS' SOCIETIES AND UNIONS

25. In common with members of other professions, translators shall enjoy the right to form professional
societies or unions.

26. In addition to defending the moral and material interests of translators, these organizations shall have
the task of ensuring improvement in standards of translation and of dealing with all other matters
concerning translation.

27. They shall exert their influence on public authorities in the preparation and introduction of legal
measures and regulations concerning the profession.

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28. They shall strive to maintain permanent relations with organizations which are users of translations
(publishers' associations, industrial and commercial enterprises, public and private authorities, the Press,
etc.) for the purpose of studying and finding solutions to their common problems.

29. In watching over the quality of all works translated in their countries, they shall keep in touch with
cultural organizations, societies of authors, national sections of the Pen Club, literary critics, learned
societies, universities, and technical and scientific research institutes.

30. They shall be competent to act as arbiters and experts in all disputes arising between translators and
users of translations.

31. They shall have the right to give advice on the training and recruitment of translators, and to co-
operate with specialized organizations and universities in the pursuit of these aims.

32. They shall endeavour to collect information of interest to the profession from all sources and to place
it at the disposal of translators in the form of libraries, files, journals and bulletins, for which purpose
they shall establish theoretical and practical information services, and organize seminars and meetings.

Section V
NATIONAL ORGANIZATIONS AND THE INTERNATIONAL FEDERATION OF
TRANSLATORS

33. Where several groups of translators exist in a country, organized either on a regional basis or into
different categories, it will be desirable for these groups to co-ordinate their activities in a central
national organization, at the same time preserving their identity.

34. In countries where societies or unions of translators are not yet in existence, it is suggested that
translators should join forces to bring about the necessary establishment of such an organization, in
accordance with the relevant legal requirements of their country.

35. To ensure the attainment of their aims at world level by common effort, national translators'
organizations are called upon to unite in the Fdration internationale des traducteurs (International
Federation of Translators [FIT]).

36. Translators shall join their national organizations of their own free will and the same must apply to
the societies with respect to their association with the International Federation of Translators.

37. The International Federation of Translators shall defend the material and moral rights of translators
at the international level, keep in touch with progress in theoretical and practical matters relating to
translation, and endeavour to contribute to the spread of civilization throughout the world.

38. The International Federation of Translators shall attain these objectives by representing translators at
the international level, particularly through relations with governmental, non-governmental and
supranational organizations, by taking part in meetings likely to be of interest to translators and
translation at the international level, by publishing works, and by organizing or arranging for the
organization of congresses at which questions concerning translation or translators may be examined.

39. In general the International Federation of Translators shall extend the activities of the societies of
every country at the international level, co-ordinate their efforts and define its common policy.

40. The national societies and the International Federation of Translators, their central organization,
derive the strength necessary for the pursuit of their professional objectives from the feeling of solidarity

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existing among translators and from the dignity of translation which contributes to better understanding
among nations and to the spread of culture throughout the world.

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Nairobi Recommendation

Nairobi Recommendation
The "Recommendation on the legal protection of Translators and Translations and the practical means to improve the Status of Translators"
was adopted by the General Conference of UNESCO at its Nineteenth Session in Nairobi on November 22, 1976.

UNESCO

RECOMMENDATION ON THE LEGAL PROTECTION OF TRANSLATORS AND


TRANSLATIONS AND THE PRACTICAL MEANS TO IMPROVE THE STATUS OF
TRANSLATORS

The General Conference of the United Nations Educational, Scientific and Cultural Organization,
meeting in Nairobi from 26 October to 30 November 1976, at its nineteenth session:

Considering

that translation promotes understanding between peoples and co-operation among nations by facilitating
the dissemination of literary and scientific works, including technical works, across linguistic frontiers
and the interchange of ideas,

Noting

the extremely important role played by translators and translations in international exchanges in culture,
art and science, particularly in the case of works written or translated in less widely spoken languages,

Recognizing

that the protection of translators is indispensable in order to ensure translations of the quality needed for
them to fulfil effectively their role in the service of culture and development,

Recalling

that, if the principles of this protection are already contained in the Universal Copyright Convention,
while the Berne Convention for the Protection of Literary and Artistic Works and a number of national
laws of Member States also contain specific provisions concerning such protection, the practical
application of these principles and provisions is not always adequate,

Being of the opinion

that if, in many countries with respect to copyright, translators and translations enjoy a protection which
resembles the protection granted to authors and to literary and scientific works, including technical
works, the adoption of measures of an essentially practical nature, assimilating translators to authors and
specific to the translating profession, is nevertheless justified to ameliorate the effective application of
existing laws,

Having decided,

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at its eighteenth session, that the protection of translators should be the subject of a recommendation to
Member States within the meaning of Article IV, paragraph 4, of the Constitution,

Adopts, this twenty-second day of November 1976, the present Recommendation.

The General Conference recommends that Member States apply the following provisions concerning the
protection of translators and translations by taking whatever legislative or other steps may be required,
in conformity with the constitutional provisions and institutional practice of each State, to give effect,
within their respective territories, to the principles and standards set forth in this Recommendation.

The General Conference recommends that Member States bring this Recommendation to the attention of
authorities, departments or bodies responsible for matters relating to the moral and material interests of
translators and to the protection of translations, of the various organizations or associations representing
or promoting the interests of translators, and of publishers, managers of theatres, broadcasters and other
users and interested parties.

The General Conference recommends that Member States submit to the Organization, at such times and
in such form as shall be determined by the General Conference, reports on the action taken by them to
give effect to this Recommendation.

I. DEFINITIONS AND SCOPE OF APPLICATION

1.For purposes of this Recommendation:

(a) the term "translation" denotes the transposition of a literary or scientific work, including technical
work, from one language into another language, whether or not the initial work, or the translation, is
intended for publication in book, magazine, periodical, or other form, or for performance in the theatre,
in a film, on radio or television, or in any other media;

(b) the term "translator" denotes translators of literary or scientific works, including technical works;

(c) the term "users" denotes the persons or legal entities for which a translation is made.

2. This Recommendation applies to all translators regardless of:

(a) the legal status applicable to them as:

(i) independent translators; or


(ii)salaried translators;

(b) the discipline to which the work translated belongs;

(c) the full-time or part-time nature of their position as translators.

II. GENERAL LEGAL POSITION OF TRANSLATORS

3. Member States should accord to translators, in respect of their translations, the protection accorded to
authors under the provisions of the international copyright conventions to which they are party and/or
under their national laws, but without prejudice to the rights of the authors of the original works
translated.

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III. MEASURES TO ENSURE THE APPLICATION IN PRACTICE OF PROTECTION AFFORDED


TRANSLATORS UNDER INTERNATIONAL CONVENTIONS AND IN NATIONAL LAWS RELATING TO
COPYRIGHT

4. It is desirable that a written agreement be concluded between a translator and the user.

5. As a general rule, a contract governing relations between a translator and a user, as well as where
appropriate any other legal instrument governing such relations, should:

(a) accord an equitable remuneration to the translator whatever his or her legal status;

(b) at least when the translator is not working as a salaried translator, remunerate him or her in
proportion to the proceeds of the sale or use of the translation with payment of an advance, the said
advance being retained by the translator whatever the proceeds may be; or by the payment of a sum
calculated in conformity with another system of remuneration independent of sales where it is provided
for or permitted by national legislation; or by the payment of an equitable lump sum which could be
made where payment on a proportional basis proves insufficient or inapplicable; the appropriate method
of payment should be chosen taking into account the legal system of the country concerned and where
applicable the type of original work translated;

(c) make provision, when appropriate, for a supplementary payment should the use made of the
translation go beyond the limitations specified in the contract;

(d) specify that the authorizations granted by the translator are limited to the rights expressly mentioned,
this provision applying to possible new editions;

(e) stipulate that in the event that the translator has not obtained any necessary authorization, it is the
user who is responsible for obtaining such authorization;

(f) stipulate that the translator guarantees the user uncontested enjoyment of all the rights granted and
undertakes to refrain from any action likely to compromise the legitimate interests of the user and, when
appropriate, to observe the rule of professional secrecy;

(g) stipulate that, subject to the prerogatives of the author of the original work translated, no changes
shall be made in the text of a translation intended for publication without seeking the prior agreement of
the translator;

(h) assure the translator and his translation similar publicity, proportionately to that which authors are
generally given, in particular, the name of the author of the translation should appear in a prominent
place on all published copies of the translation, on theatre bills, in announcements made in connexion
with radio or television broadcasts, in the credit titles of films and in any other promotional material;

(i) provide that the user ensure that the translation bear such notices as are necessary to comply with
copyright formalities in those countries where it might reasonably be expected to be used;

(j) provide for the resolution of any conflicts which may arise, particularly with respect to the quality of
the translation, so far as possible, by means of arbitration or in accordance with procedures laid down by
national legislation or by any other appropriate means of dispute settlement which on the one hand is
such as to guarantee impartiality and on the other hand is easily accessible and inexpensive;

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
29

(k) mention the languages from and into which the translator will translate and without prejudice to the
provisions of paragraph 1 (a), further specify expressly the translator's possible use as an interpreter.

6. In order to facilitate the implementation of the measures recommended in paragraphs 4, 5 and 14,
Member States should, without prejudice to the translator's freedom to enter into an individual contract,
encourage the parties concerned, in particular the professional organizations of translators and other
organizations or associations representing them, on the one hand, and the representatives of users, on the
other, to adopt model contracts or to conclude collective agreements based on the measures suggested in
this Recommendation and making due allowance for all situations likely to arise by reason either of the
translator or of the nature of the translation.

7. Member States should also promote measures to ensure effective representation of translators and to
encourage the creation and development of professional organizations of translators and other
organizations or associations representing them, to define the rules and duties which should govern the
exercise of the profession, to defend the moral and material interests of translators and to facilitate
linguistic, cultural, scientific and technical exchanges among translators and between translators and the
authors of works to be translated. To this end, such organizations or associations might undertake, where
national law permits, in particular, the following specific activities:

(a) promote the adoption of standards governing the translating profession; such standards should
stipulate in particular that the translator has a duty to provide a translation of high quality from both the
linguistic and stylistic points of view and to guarantee that the translation will be a faithful rendering of
the original;

(b) study the bases for remuneration acceptable to translators and users;

(c) set up procedures to assist in the settlement of disputes arising in connexion with the quality of
translations;

(d) advise translators in their negotiations with users and co-operate with other interested parties in
establishing model contracts relating to translation;

(e) endeavour to arrange for translators individually or collectively, and in accordance with national
laws or any collective agreements which may be applicable on this subject, to benefit with authors from
funds received from either private or public sources;

(f) provide for exchanges of information on matters of interest to translators by the publication of
information bulletins, the organization of meetings or by other appropriate means;

(g) promote the assimilation of translators, from the point of view of social benefits and taxation, to
authors of literary or scientific works, including technical works;

(h) promote the establishment and development of specialized programmes for the training of
translators;

(i) co-operate with other national, regional or international bodies working to promote the interests of
translators, and with any national or regional copyright information centres set up to assist in the
clearance of rights in works protected by copyright, as well as with the Unesco International Copyright
Information Centre;

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.
30

(j) maintain close contacts with users, as well as with their representatives or professional organizations
or associations, in order to defend the interests of translators; and negotiate collective agreements with
such representatives or organizations or associations where deemed advantageous;

(k) contribute generally to the development of the translating profession.

8. Without prejudice to paragraph 7, membership of professional organizations or associations which


represent translators should not, however, be a necessary condition for protection, since the provisions
of this Recommendation should apply to all translators, whether or not they are members of such
organizations or associations.

IV. SOCIAL AND FISCAL SITUATION OF TRANSLATORS

9. Translators working as independent writers, whether or not they are paid by royalties, should benefit
in practice from any social insurance schemes relating to retirement, illness, family allowances, etc., and
from any taxation arrangements, generally applicable to the authors of literary or scientific works,
including technical works.

10. Salaried translators should be treated on the same basis as other salaried professional staff and
benefit accordingly from the social schemes provided for them. In this respect, professional statutes,
collective agreements and contracts of employment based thereon should mention expressly the class of
translators of scientific and technical texts, so that their status as translators may be recognized,
particularly with respect to their professional classification.

V. TRAINING AND WORKING CONDITIONS OF TRANSLATORS

11. Member States should recognize in principle that translation is an independent discipline requiring
an education distinct from exclusively language teaching and that this discipline requires special
training. Member States should encourage the establishment of writing programmes for translators,
especially in connexion with translators' professional organizations or associations, universities or other
educational institutions, and the organization of seminars or workshops. It should also be recognized that
it is useful for translators to be able to benefit from continuing education courses.

12. Member States should consider organizing terminology centres which might be encouraged to
undertake the following activities:

(a) communicating to translators current information concerning terminology required by them in the
general course of their work;

(b) collaborating closely with terminology centres throughout the world with a view to standardizing and
developing the internationalization of scientific and technical terminology so as to facilitate the task of
translators.

13. In association with professional organizations or associations and other interested parties, Member
States should facilitate exchanges of translators between different countries, so as to allow them to
improve their knowledge of the language from which they work and of the socio-cultural context in
which the works to be translated by them are written.

14. With a view to improving the quality of translations, the following principles and practical measures
should be expressly recognized in professional statutes mentioned under sub-paragraph 7 (a) and in any
other written agreements between the translators and the users:

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
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31

(a) translators should be given a reasonable period of time to accomplish their work;

(b) any documents and information necessary for the understanding of the text to be translated and the
drafting of the translation should, so far as possible, be made available to translators;

(c) as a general rule, a translation should be made from the original work, recourse being had to
retranslation only where absolutely necessary;

(d) a translator should, as far as possible, translate into his own mother tongue or into a language of
which he or she has a mastery equal to that of his or her mother tongue.

VI. DEVELOPING COUNTRIES

15. The principles and norms set forth in this Recommendation may be adapted by developing countries
in any way deemed necessary to help them meet their requirements, and in the light of the special
provisions for the benefit of developing countries introduced in the Universal Copyright Convention as
revised at Paris on 24 July 1971 and the Paris Act (1971) of the Berne Convention for the Protection of
Literary and Artistic Works.

VII. FINAL PROVISION

16. Where translators and translations enjoy a level of protection which is, in certain respects, more
favourable than that provided for in this Recommendation, its provisions should not be invoked to
diminish the protection already acquired.

This handout is a compilation of the information contained in the web page of the FIT (http://www.fit-
ift.org/) created for the sole purpose of internal use in the subject Traduccin jurdico econmica 1.

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