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Developing a culture of anti-corruption in small states: A view from Europe Laurynas Pakstaitis Introduction Corruption is one of the pressing issues facing the contemporary world, particularly in young jurisdictions that are modernising, democratising and still developing what we might call bureaucratic rationality. In order for the fight against corruption to be effective, it is necessary to take contextualised measures appropriate to the country in question. It is equally important to take stock, evaluate achievements and shortcomings, and draw on best practices. This article offers some brief reflections from a non-Commonwealth region (and a different legaladministrative heritage), Eastern Europe. Lithuania’s experience over the last 20 years shows that the fight against corruption has to be continual and purposeful, and it has to be organised not just through formal, legislative means. There must also be a wider understanding of the extent of the problem, change in the public mindset and meaningful directional change. Satisfaction with results of the fight against corruption depends a lot on the public’s attitude and, where necessary, attitudinal changes. Background When the Baltic state of Lithuania regained independence from the Soviet Union in 1990, corruption emerged as one of the key problems interfering with whole-of-government, and indeed societal, reform. The civil service system was formed anew from the ground up, at the same time as industry, agriculture and trade were fundamentally restructured, and with them individuals’ livelihoods and lifechances. Needless to say, at times when the state is at low capacity to enforce property and contractual rights, illegitimate forms of control are at their strongest. In Lithuania, as across the post-communist world, law enforcement and customs were particularly affected. Health, education, social security, land management and other systems were also affected by new incentives, openings and scarcities. This has not ceased with the maturing private sector (or with accession to the European Union in 2004) – instead, with new flows of finance, physical transport and populations, corruption has modified and taken new forms. Aside from traditional self-serving behaviours in the form of bribery, graft and abuse of public office, other types have emerged such as employment of friends and relatives, dividing up areas of interest, clientelism, nepotism, etc. Corrupt behaviour has become endemic in certain markets and the sphere of public procurement is no exception. Amid great optimism for constitutional and economic change, the scale of the problem was not perceived immediately. Understanding of the problem at the state level was grasped much later, when coming across unsatisfactory results of the activities of law enforcement, and at times questionable activities of state politicians. In essence, there was more attention focused on corruption when Lithuania began to strategically integrate into European partnerships, co-operation programmes and the European Union. A big boost was given by international documents and membership in international anti-corruption organisations. The first real turning point was in 1999, the year in which Lithuania became a member of the Group of States Against Corruption (GRECO). The European Criminal Law Convention on Corruption was approved and then ratified in 2002, followed by ratifications of other international framework documents and, importantly, the United Nations Convention Against Corruption. Measures, results, learned and unlearned lessons The level of a society’s development is evidenced in its approach to problems – its ability to raise them and to take measures to resolve them. From the beginning, the fight against corruption in society was linked to steps taken by the state in this direction. A crucial breakthrough in the solution of the problem of corruption occurred at the national level. In 1997 a specialised institution was established to fight corruption: the Special Investigation Service of the Republic of Lithuania. In 2001 a national strategy for fighting corruption was approved, followed by a national programme and action plan (2002). Based on these strategic documents, workable and effective anticorruption programmes were initiated in separate branches and institutions of government. However, despite such efforts, the fight against corruption has never been unambiguously successful. Although anti- Commonwealth Governance 74 Handbook 2013/14


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