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Case of Discrimination of Persons Who Refused an Identification Number (IDNP) When Filing an Asset Declaration

The Council recently commented on a case where the сomplainant refers to the lack of a reasonable reference to religious beliefs when filing a declaration of assets and personal interests.

The applicant with the status of a civil agent is obliged to submit a declaration of assets and personal interests. While filling the declaration, digitized by electronic signature with exclusive access by specifying IDNP, the applicant refused to mention the commitment to the religion. As a result, the applicant tried to submit the declaration on paper (a procedure acceptable until January 2018), which did not render a 13-digit identification number obligatory. The National Integrity Authority refused to accept the declaration, citing the lack of legislative and technical provisions that would allow it to be admitted.

The Council noticed that, while developing and implementing certain information systems that are only available after entering data from official documents, the Government should also mention that the system of identity cards includes the category of persons who have refused the identification number. Therefore, it is mandatory to create an alternative that would make the system accessible for people who have refused the identification number due to religious beliefs.

The Council believes that the proposed amendment does not impose an undue burden for the National Integrity Authority, considering that the alternative procedure (written declaration) is currently applied to the persons whose identity is a state secret.

An alternative procedure should be introduced as soon as possible, as a failure to submit a declaration of assets and personal interests together with the grounds for employment termination implies an administrative liability. In these cases, those who refuse IDNP risk to carry punishment, including dismissal due to religious beliefs.

The Council also noticed that the mandatory procedure for electronic filing of declarations of assets and personal interests discriminates persons who have refused state identification numbers due to religious beliefs. The Council Decision was consigned to the Parliament of the Republic of Moldova with an intent to identify legislative solutions for eliminating such cases of discrimination.