PORT AU PRINCE, Haiti (CMC) — Haiti moved towards holding presidential elections since 2016, after the country’s transitional government adopted the long-awaited electoral law that political commentators say will set in motion the process for restoring democratic rule in the country.

Frinel Joseph, one of the two observers on the Transitional Presidential Council (TPC) in a post on X on Monday, said the adoption of the law by the panel and council of ministers “marks a decisive turning point in the transition”.

The nine-member TPC, established in April 2024 to govern Haiti until new elections are held, has as its main responsibility appointing a prime minister, forming a government and guiding the country toward elections, which are currently scheduled for February 2026.

The council was created in response to a political vacuum and a surge in gang violence, and it is tasked with improving security and restoring order.

Some TPC members have been attempting to use the law and its proposed date for elections as leverage to extend their tenure in office beyond February, and to oust Prime Minister Alix Didier Fils-Aimé.

Three of the TPC’s seven voting members were absent from the meeting in what political observers say was designed to prevent the adoption of the law, which now has to be published in the official gazette to be legal.

But, despite their absence, the law was adopted anyway.

The last presidential election was held in Haiti in 2016 when Jovenel Moise won, defeating 26 other candidates. But he was assassinated in July 2021 when gunmen stormed his private residence overlooking the capital. His wife was also injured in the attack.

Several former Colombian soldiers have been arrested in connection with the killing, and even while several people have appeared in courts in the United States, no one has appeared in a local court in connection with the murder.

Political observers say Monday’s decision, while clearing a procedural hurdle, still doesn’t offer a clear path to free and fair elections and that it remains rife with challenges.

A draft law that was sent by the Provisional Electoral Council ahead of Monday’s vote was heavily criticised by some human rights advocates over its lack of safeguards on eligibility.

Joseph said the TPC and government “are providing the country with the necessary legal and political framework for holding elections that will allow citizens to choose their representatives in accordance with the constitution, democratic principles and the Agreement of April 3, 2024”.