When interpretation by persons other than UNHCR Interpreters is necessary, UNHCR staff must take appropriate measures to assess and promote the effectiveness of the interpretation provided, and to preserve the confidentiality and integrity of the RSD procedures. Unit 2: General Issues KEY CONSIDERATIONS The UNHCR staff member who conducts the Interview should take the following steps in order to assess the ability of the interpreter and ensure the quality of the interpretation: „ Briefly question the Interpreter on his/her language background and interpreting experience; „ Ascertain the Interpreter’s relationship with the Applicant; „ Explain to the Interpreter the character and purpose of the Interview and type of interpretation that will be expected, as well as the obligation to preserve the confidentiality of the procedures, and ask that he/she signs the UNHCR Interpreter Undertaking of Confidentiality and Impartiality (Annex 2.5-2); „ Include a written note in the file of any details that may be relevant to the quality or the reliability of the interpretation, including the Interpreter’s language proficiency, and any potential conflict of interest or exploitative relationship between the Interpreter and Applicant; „ Ask the Applicant whether he/she consents to the interpretation arrangement, wherever possible not in the presence of the proposed Interpreter, and record the consent or any reasons for objecting to such arrangement on file. Where the Applicant does not consent to interpretation being conducted by a non-UNHCR Interpreter, or where serious concerns arise regarding the skills and ability of the proposed Interpreter to provide effective, impartial, and accurate interpretation, including because of a conflict of interest or exploitative relationship between the Interpreter and the Applicant, the UNHCR staff member may refuse the participation of the non-UNHCR Interpreter in the Interview. The Applicant and the Interpreter should be informed of the reasons for the refusal and a note to this effect should be put on the Applicant’s file. As a general rule, asylum-seekers or refugees who are not qualified and trained UNHCR Interpreters should not be requested to provide interpretation in UNHCR RSD procedures unless there are no other means of communicating with an Applicant. Where the interpretation services of asylumseekers or refugees who are not UNHCR Interpreters are used, the interpretation should be limited to communication at the initial reception stage, and every effort needs to be made to obtain the services of a qualified UNHCR Interpreter for any necessary counselling as well as the Registration and RSD Interviews. UNHCR staff who communicate with the Applicant under this arrangement must take all feasible steps to preserve the confidentiality of the Applicant’s claim, including limiting the use of questions likely to elicit identifying bio-data or details of the refugee claim. Exceptionally, where no qualified UNHCR Interpreter is available and it is necessary to conduct the interview, Applicants may be permitted to use the services of their own interpreter. However, given the reluctance some Applicants may have to disclose facts that are relevant to their claim in the presence of another family member, and the difficulty of assessing whether the Applicant truly consents to the attendance of family members in RSD procedures, every effort needs to be made to find alternatives to interpretation by family members of an Applicant in UNHCR RSD procedures. Persons acting as legal representative to Applicants should not provide interpretation services in UNHCR RSD procedures. 49

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