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Like flotsam and jetsam, namby and pamby and helter and skelter, "free" and "fair" are always found together in the context of elections.
Yet, it is important to disentangle the two. Just because elections are free does not mean that they are fair (though it is hard to think of fair elections that are not free).
A classic case is Singapore, whose elections have been described as free but not fair.
To understand what is lacking (and so what should be worked towards), it is important to not just define "free and fair elections", but untangle the two definitions.
An old (and really lame) joke has it that there is Freedom of Speech in Singapore, but not Freedom After Speech (this is on par with lines like "I know Lee Kuan Yew, but he does not know me"). It was similarly suggested to me that like in Singapore, North Korean elections are free but not fair as:
they are free to cross out the name with a red pen, but the agents are free to arrest them.
Getting the definitions right is thus important so as to clarify discourse (and smack people who make lame jokes).
In search of these definitions, I had a (relatively) quick look at the Second Edition of "Free and Fair Elections" by Guy S. Goodwin-Gill (and published by the Inter-Parliamentary Union).
After 229 pages, I was still not much closer to getting separate definitions; although the criteria for "free and fair" elections were reasonably clear, the book stubbornly refused to break them down (as far as I could tell). Perhaps this had something to do with how it kept stressing the limitations of definitions, but then one needs something to work towards and assess.
The closest I found was that:
Amongst others, ‘free’ is about participation and choice; ‘fair’ is about equality of participation and of the vote, and about impartiality and non-discrimination; together, they imply respect for human rights at large and the absence of coercion
More helpful was CommonBorders (FronterasComunes), a site about elections in Latin America. Their helpful breakdown:
"A 'FREE' electoral process is one where fundamental human rights and freedoms are respected, including:
- freedom of speech and expression by electors, parties, candidates and the media;
- freedom of association; that is, freedom to form organizations such as political parties and NGOs;
- freedom of assembly, to hold political rallies and to campaign;
- freedom of access to and by electors to transmit and receive political and electoral information messages;
- freedom to register as an elector, a party or a candidate;
- freedom from violence, intimidation or coercion;
- freedom of access to the polls by electors, party agents and accredited observers;
- freedom to exercise the franchise in secret, and
- freedom to question, challenge and register complaints or objections without negative repercussions.
A 'FAIR' electoral process is one where the 'playing field' is reasonably level and accessible to all electors, parties and candidates, and includes:
- an independent, non-partisan electoral organization to administer the process;
- guaranteed rights and protection through the constitution and electoral legislation and regulations;
- equitable representation of electors provided through the legislation;
- clearly defined universal suffrage and secrecy of the vote;
- equitable and balanced reporting by the media;
- equitable access to financial and material resources for party and candidate campaigning;
- equitable opportunities for the electorate to receive political and voter information;
- accessible polling places;
- equitable treatment of electors, candidates and parties by elections officials, the government, the police, the military and the judiciary;
- an open and transparent ballot counting process, and
- election process not disrupted by violence, intimidations or coercion."
