SMA X NON ADHERENCE TO ATC CLRNC DUE TO WX. PLTDEV. LANGUAGE BARRIER.

Narrative

PLT COULD NOT UNDERSTAND ATC INSTRUCTIONS; CLBED ABOVE ASSIGNED ALT; TURNED TO HDG WITHOUT AUTHORIZATION AND WITHOUT ADVISING ATC. THESE ACTIONS PUT THE ACFT IN CONFLICT WITH ANOTHER IFR ACFT; HOWEVER; I WAS ABLE TO MAINTAIN SEPARATION BY ISSUING INSTRUCTIONS TO THE OTHER ACFT. THIS IS AN EXAMPLE OF MANY INCIDENTS WE ARE EXPERIENCING ON A DAILY BASIS WHERE FOREIGN PLTS (BOTH GENERAL AVIATION AND COMMERCIAL ACRS) CANNOT UNDERSTAND ENGLISH AND THEREFORE CANNOT UNDERSTAND ATC CLRNCS AND INSTRUCTIONS. THEY ALSO APPEAR TO BE POORLY TRAINED AND DO NOT UNDERSTAND THEIR OBLIGATION TO COMPLY WITH AN ATC CLRNC. WHEN THE PLT INVOLVED IN THE ABOVE REF INCIDENT CALLED THE ARTCC WATCH SUPVR; HE SAID HE HAD CLBED AND TURNED BECAUSE OF CLOUDS AND APPARENTLY FELT THAT THERE WAS NOT ANY PROB. MOST OF THESE INCIDENTS GO UNRPTED UNLESS THERE IS A DOCUMENTED LOSS OF SEPARATION SUCH AS A PRINTOUT OF THE OEDP. THESE INCIDENTS GREATLY INCREASE CTLRS WORKLOAD AND LEVEL OF STRESS. INCIDENTS OF THIS TYPE ARE A DAILY OCCURRENCE AND POSE A DEFINITE THREAT TO AIR SAFETY. MORE DOCUMENTATION TRACKING OF THESE INCIDENTS NEEDS TO BE ACCOMPLISHED AND THIS PROB ADDRESSED. SUPPLEMENTAL INFO FROM ACN 274799: I WAS ON AN IFR FLT PLAN FROM MIAMI TO KEY WEST WHEN ATC GAVE ME A VECTOR TOWARDS A TSTM. I REQUESTED A VECTOR AROUND THE CELL AND ATC DENIED MY REQUEST. I REQUESTED 3 TIMES TO DEVIATE AROUND THE CELL AND WAS DENIED EACH TIME. AS PIC I DECIDED TO GAR THE CELL AND; UPON LNDG AT KEY WEST; I WAS INFORMED TO CALL ZMA. DURING THE CONVERSATION WITH ZMA; I EXPLAINED MY FLT WAS DENIED TO DEV AROUND THE TSTM.MIAMI STATED THAT AS IFR PLT I HAVE TO FOLLOW VECTORS; BUT I THOUGHT THIS INSTRUCTION WAS NOT SAFE.