‘The Probable Age Certificate’ (PAC) issued to children without a birth certificate for lack of key information required for its issue often means discrimination and social stigma despite the PAC’s legal validity. In a bid to renew discussion on this social dilemma and find more socially acceptable alternatives at policy-making level, we spoke to multiple stakeholders including those who had left care homes and have been at the receiving end of the consequences.

by Randima Attygalle

Dhanushka Kumara Jayaratne was rejected by several leading schools when seeking Grade One admission on the grounds of his holding a ‘Probable Age Certificate’ as opposed to a Birth Certificate. When he was finally admitted to a school, he was shut out of cultural events and sport competitions at various levels on the basis that he had no ‘proper birth certificate’. When applying for his national identity card and travel visas on several occasions, bottlenecks were many. One of the main problems was that the probable age certificate (PAC) did not specify any guardian in the absence of names of parents.

Today a 31-year-old executive, Dhanushka gives leadership to the ‘Generation Never Give up Network’ (GNGN), an initiative of the SOS Children’s Villages, Sri Lanka which advocates the causes of care leavers (children leaving child care institutions at 18 years). Lobbying for a more socially acceptable form of a birth certificate in place of the PAC is one of the top priorities of this collective.

“PAC often leads to discrimination and stigmatization due to its format,” observes this young man pushing for a more ‘dignified’ birth certificate with ‘better terminology’ and provisions for ‘guardians’ that could either be an individual or a child care institute. “The issue was taken up by the Parliamentary Sectoral Oversight Committee on Women and Children a couple of years ago and was discussed for a while but unfortunately no solution was tabled,” notes Danushka who hopes to renew the dialogue among relevant partners through the GNGN initiative.

“The probable age certificate of mine is nothing but a piece of paper with some dotted lines claiming that I was born within such a time frame. It is very humiliating to produce this piece of paper for government exams, employment etc,” says Nirmala Niroshini. Recollecting the emotionally traumatizing moments when she was viewed almost as an ‘abnormal’ individual on the basis of her PAC, Nirmala urges the authorities to revise its present format and enable a more acceptable document. She also proposes that an endorsement on the PAC by the Registrar General’s Department to make it as good as a normal birth certificate for official purposes. “It was an uphill task for me to get my NIC. I had to submit so many supporting documents verifying the legality of my PAC to convince the authorities. Finding employment was another battle,” says Nirmala, who is today employed as a clerical staffer at a dental clinic.

Current regulations

The Registrar General’s Department makes provisions to obtain a PAC for children who are in homes approved by the government, children who are not in such homes and even adults. Statistics on the exact number of children presently holding PACs in the country however remain unclear.

The PAC is issued to individuals (children as well as adults) who cannot be granted a ‘birth certificate’ due to lack of key information required for the latter. “This includes the absence of an exact date of birth or even the mother’s name. To issue a birth certificate, an informant is required and if the informant (who is often an authority from a child care institute in case of children under 14 years) cannot furnish the information required, providing a birth certificate would become difficult,” admits the Senior Deputy Registrar General G.A.L.D. Ganepola.

The Establishment Code and the Public Administration Circular 26/1995 provide for the acceptance of the PAC. The Public Administration Circular 26/1995 states that PAC ‘is acceptable for the purpose of confirmation of name and date of birth of persons.’

“Probable age certificate is a legitimate legal document which should be accepted by all agencies although in reality it doesn’t happen largely due to ignorance of the regulations,” notes Ganepola. Increased public awareness on this matter with wide media coverage is necessary for this, says the official. A unique ID number at birth is another alternative proposed by the Senior Deputy Registrar General which could be used for all administrative purposes including school admission, admission into children’s homes etc.

Social stigma

Despite the law recognizing all individuals to be treated equally regardless of any complications pertaining to their birth, children with the PAC are discriminated and stigmatized from all directions in society when they sit for government exams, apply for jobs, universitiy admission, competitive sports and government benefits, says Divakar Ratnadurai, National Director, SOS Children’s Villages Sri Lanka.

Out of 900 children currently living in SOS villages, around 300 have PACs. Also, many who have left the homes are similarly burdened. Lobbying for the reintroduction of the Extract (a shorter version of the birth certificate) with certain modifications enabling practical options where the required information is not available is a possible solution says Ratnadurai. This Extract which was once available was discontinued in the 1970s.

Constraints in obtaining basic information of destitute children is another bottleneck which has led to certain children receiving the PAC instead of a birth certificate, he points out. “Sometimes children are enrolled in care homes without basic information and care givers are faced with difficulties searching for this information.”

Ratnadurai proposes several measures to raise awareness among multiple stakeholders including school authorities to eliminate discrimination. Establishing a special unit in the Department of Probation and Child Care Services to provide continuous awareness on the PAC; lobbying policy makers and administrators for the ‘Extract’ to be given legal recognition etc. are among the correctional proposals made to make life easier for those carrying this burden.

Sensitizing stakeholders

Proposing a probable ‘birth’ certificate replacing the present probable age certificate, Commissioner, Department of Probation and Child Care Services, Chandima Sigera calls for sensitizing the stakeholders at every level including education authorities, other government officials, private sector and the community at large on this issue. In the best interest of children moving for a more socially acceptable form of identity which wouild eliminate dicrimination is urgent says the Commissioner who alludes to the fundamental rights of ‘non discrimination’ and and ‘best interest’ of children upheld in the United Nations Convention on the Rights of the Child.

Determining the age of a child

The current regulations require for a medical certificate estimating the age of the child (probable age) to be submitted to the Registrar General’s Department to obtain a probable age certificate. This is issued by a JMO who collaborates with other specialists.

“In estimating the age of a child, factors such as development of teeth and bones are taken into account. If there is any other medical evidence such as a diagnosis card, we take it into consideration as well,” explains the Consultant JMO, Dr. Uthpala Attygalle. Once the probable time frame of birth is established, the applicant’s date of birth is recorded either as January 1 or July 1, depending on each case.

A vicious cycle

Care leavers sadly become victims of a vicious cycle points out Prabodhini Munasinghe Wickrematunga, Attorney-at-Law with special interest in gender issues. “When women are unable to care for them, children are abandoned. Often the mother is unable to reveal the identity of the father because the pregnancy is a result of rape, sometimes by a relative.

Most employers know nothing about PACs making it difficult for their holders to find decent work and sometimes out of sheer desperation are driven to prostitution. This vulnerability exposes them to risks both in terms of health and security.

Uncertain identity arising as a result of not having a birth certificate which is regarded as an essential document can lead to many negative emotions, explains Dr. Neil Fernando, Consultant Psychiatrist and Senior Lecturer from the Kotelawala Defence University. “Uncertainty frequently brings with it unpredictability which reduces the mental well being and frequently acts as a stress factor. Long term stress is a predisposing factor in causing many non-communicable diseases which include heart disease and diabetes,” he said. Feelings of alienation from the community can lead to social isolation and depression, he added.