Free and Fair Elections

The expression "Free and Fair Elections" originated in the first post-apartheid
elections in South Africa in 1994. The idea is that the outcome should be generated
by a process that gives people free access to their franchise, then fairly calculates the
result (Schuler & Nilsson, n.d.). Only when elections are clean and fair, can citizens
be real masters of their own destiny and expect holders of public office to act
accountably and effectively (Bersih 2.0, 2005). Besides that, U.S. Agency for
International Development (2013) also said that A country cannot be truly
democratic until its citizens have the opportunity to choose their representatives
through elections that are free and fair.
Critical development efforts cannot succeed without a legitimate and
democratically elected government that is responsive and accountable to its citizens.
Elections provide an important opportunity to advance democratization and
encourage political liberalization (U.S. Agency for International Development,
2013).

For an election to be free and fair, certain civil liberties, such as the freedoms
of speech, association and assembly, are required.

Elections can be a primary tool to foster political openings and expand

political participation.

Electoral processes offer political parties and civic groups an opportunity to

mobilize and organize supporters and share alternative platforms with the
public.

Elections also serve to encourage political debate and public dialogue.

A free election is generally associated with following characteristics

(Abdul Rashid Moten & Syed Serajul Islam, 2011):
1. Every adult citizen, with the exception of minors, aliens, insane and
criminals, must have the right to vote. In a democracy, the most common
minimum age limit to qualify for voting is 18 years. However, the minimum
age for Malaysian to vote is 21 year-old.
2. Every adult citizen must have an equal opportunity to vote and that each
citizens vote must have the same weight as every other adult citizens.
3. Voting must be secret.
4. Citizens should have full freedom to form political parties, to contest in
elections, and to nominate candidates of their choice.
5. Candidates must have equal opportunities to publicise their names and policy
positions so that voters can understand and choose among candidates and
policies.

Elections to be considered fair generally have the following characteristics

(Abdul Rashid Moten & Syed Serajul Islam, 2011):
1. Elections to be held at regular intervals within prescribed time limits. The
time gap between one election to the next is usually four to five years.
2. Voters to have equal access to polling places and they must be able to vote
without fear, coercion, or subsequent reprisals.
3. At the end of elections, votes must be counted accurately and in public and
the results must be published as soon as possible.
4. All candidates be given equal financial support and equal free time on radio
and television to make their views known to the electorate.

5. The electoral process to be administered and monitored by an impartial body

composed of electoral specialists.

Organizations that ensure the elections to be free and fair

One of the global organization that supports political competition and free and fair
election is the U.S. Agency of International Development (USAID). USAID is the
lead U.S. Government agency that works to end extreme global poverty and enable
resilient, democratic societies to realize their potential in sectors including
Agriculture and Food Security, Democracy, Human Rights and Governance,
Economic Growth and Trade, Education, Environment and Global Climate Change,
Gender Equality and Womens Empowerment, Global Health, Water and Sanitation,
etc (U.S. Agency of International Development, 2014).
USAID supports political competition and consensus-building efforts and
provides leadership in these areas to other U.S. government entities and the broader
development community. We do this through promoting 10 elements that are
essential to fair elections and political processes (U.S. Agency for International
Development, 2013):
1. Impartial electoral frameworks
2. Credible electoral administration
3. Effective oversight of electoral processes
4. Informed and active citizens
5. Representative and competitive multi-party systems
6. Effective governance by elected leaders and bodies
7. Inclusion of women and disadvantaged groups
8. Effective transfer of political power

9. Consensus-building for democratic reform

10. Sustainable local engagement
Free and fair elections play a critical role in political transitions by advancing
democratization and encouraging political liberalization helping to promote
peaceful, democratic political transformation that lead to increased stability and
prosperity (U.S. Agency for International Development, 2013).

One of the most famous organization in ensuring free and fair elections in the
context of Malaysia is BERSIH 2.0. The Coalition for Clean and Fair Elections
(better known by its Bahasa Malaysia name BERSIH) issued its first joint
communiquon 23 November 2006. At its formation, BERSIH comprised civil
society organisations and political parties with the objective of campaigning for clean
and fair elections in Malaysia. Bersihs calls are summarised in the following 8
points (Bersih 2.0, 2005):
1. Clean the electoral roll The electoral roll is marred with irregularities such
as deceased persons and multiple persons registered under a single address or
non-existent addresses. The electoral roll must be revised and updated to
wipe out these phantom voters. The rakyat have a right to an electoral roll
that is an accurate reflection of the voting population. In the longer term,
BERSIH 2.0 also calls for the EC to implement an automated voter
registration system upon eligibility to reduce irregularities.
2. Reform postal ballot The current postal ballot system must be reformed to
ensure that all citizens of Malaysia are able to exercise their right to vote.
Postal ballot should not only be open for all Malaysian citizens living abroad,
but also for those within the country who cannot be physically present in their

voting constituency on polling day. Police, military and civil servants too
must vote normally like other voters if not on duty on polling day. The postal
ballot system must be transparent. Party agents should be allowed to monitor
the entire process of postal voting.
3. Use of indelible ink Indelible ink must be used in all elections. It is a
simple, affordable and effective solution in preventing voter fraud. In 2007,
the EC decided to implement the use of indelible ink. However, in the final
days leading up to the 12th General Elections, the EC decided to withdraw
the use of indelible ink citing legal reasons and rumours of sabotage.
BERSIH 2.0 demands for indelible ink to be used for all the upcoming
elections. Failure to do so will lead to the inevitable conclusion that there is
an intention to allow voter fraud.
4. Minimum 21 days campaign period The EC should stipulate a campaign
period of not less than 21 days. A longer campaign period would allow voters
more time to gather information and deliberate on their choices. It will also
allow candidates more time to disseminate information to rural areas. The
first national elections in 1955 under the British Colonial Government had a
campaign period of 42 days but the campaign period for 12th GE in 2008 was
a mere 8 days.
5. Free and fair access to media It is no secret that the Malaysian mainstream
media fails to practice proportionate, fair and objective reporting for political
parties of all divide. BERSIH 2.0 calls on the EC to press for all media
agencies, especially state-funded media agencies such as Radio and
Television Malaysia (RTM) and Bernama to allocate proportionate and
objective coverage for all political parties.

6. Strengthen public institutions Public institutions must act independently and

impartially in upholding the rule of law and democracy. Public institutions
such as the Judiciary, Attorney-General, Malaysian Anti-Corruption Agency
(MACC), Police and the EC must be reformed to act independently, uphold
laws and protect human rights. In particular, the EC must perform its
constitutional duty to act independently and impartially so as to enjoy public
confidence. The EC cannot continue to claim that they have no power to act,
as the law provides for sufficient powers to institute a credible electoral
system.
7. Stop corruption Corruption is a disease that has infected every aspect of
Malaysian life. BERSIH 2.0 and the rakyat demand for an end to all forms of
corruption. Current efforts to eradicate corruption are mere tokens to appease
public grouses. We demand that serious action is taken against ALL
allegations of corruption, including vote buying.
8. Stop dirty politics Malaysians are tired of dirty politics that has been the
main feature of the Malaysian political arena. We demand for all political
parties and politicians to put an end to gutter politics. As citizens and voters,
we are not interested in gutter politics; we are interested in policies that affect
the nation.

References
Abdul Rashid Moten, & Syed Serajul Islam. (2011). Introduction to Political Science
(4th ed.). Singapore: Cengage Learning Asia Pte. Ltd.
Bersih 2.0. (2005, July). Bersih 2.0 Gabungan Pilihanraya Bersih dan Adil About.
Retrieved November 12, 2014, from Bersih 2.0 Gabungan Pilihanraya Bersih
dan Adil: http://www.bersih.org/about-bersih-2-0/about/
Schuler, D., & Nilsson, E. (n.d.). Free and Fair Elections Public Sphere Project.
Retrieved November 11, 2014, from Public Sphere Project:
http://www.publicsphereproject.org/node/267
U.S. Agency for International Development. (2013, April 17). Supporting Free and
Fair Elections U.S. Agency for International Development. Retrieved
November 12, 2014, from U.S. Agency for International Development:
http://www.usaid.gov/what-we-do/democracy-human-rights-andgovernance/supporting-free-and-fair-elections
U.S. Agency of International Development. (2014, November 10). What We Do U.S.
Agency for International Development. Retrieved November 12, 2014, from
U.S. Agency for International Development: http://www.usaid.gov/what-wedo