Corruption in higher education: fiction or reality?

This study provides an analysis of the possible forms of corruption and the main problems facing higher education (both the staff and organisations) which lead to corrupt behaviour, and the characteristics of these problems and conditions under which they occur. The goal is to identify the main manifestations of corrupt behaviour in higher education and to launch a discussion within the academic community, law enforcement agencies, among students, civil society organisations and other organisations in order to make a contribution to supressing corruption and to identify ways in which the academic community can help. Bosnia and Herzegovina has introduced a majority of the necessary legal instruments and has created most of institutions responsible for prevention and suppression of corruption. The Education Ministries have completed, though with some delays, the process of harmonising the sub-national higher education laws with the Framework Law on Higher Education in Bosnia and Herzegovina. The analysis of 12 higher education laws in BiH shows that they do not contain a precise definition of anti-corruption actions, although they contain legal provisions which protect integrity of providers of higher education. Higher education institutions have codes of ethics treating the issue of corruption. The results of implementation of primary and secondary legislation are not satisfactory in BiH and the mechanisms that could be used to enhance integrity of higher education institutions and improve their performance are ignored. The systemic problems in higher education institutions founded by the government are not addressed efficiently enough, while the institutions responsible for supervision and control lack will and ability for enforcement of the rules. We use a broad definition of corruption as every “abuse of power for personal gain” from international legal instruments, notably, the United Nations Convention against Corruption and the legal instruments of the Council of Europe for prevention of corruption. In addition, the study analyses numerous questions about perception of corruption in higher education.