Last updated: September 21, 2022
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
All indoor workplaces
Law No. 4 of 1994 restricts smoking in “establishments . . . in public enclosed locations” to specially designated areas. It defines “establishment” as “all industrial establishments, tourism related establishments, all electricity production establishments . . . any other establishment that has impact on environment” and therefore encompasses some, but not all, workplaces.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.
All indoor public places
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Law No. 4 of 1994 restricts smoking to specially designated areas in “establishments . . . in public enclosed locations.” It defines “establishment” as “all industrial establishments, tourism related establishments, all electricity production establishments . . . any other establishment that has impact on environment.” Thus, smoking is prohibited in some public places and restricted in others.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.
All public transport
Both Law No. 52 of 1981 and Law No. 4 of 1994 specifically prohibit smoking on public transport. The Bylaw contains the definition of "public transport," which includes all means of transportation used to transport people.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.
Government facilities
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, government facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to government facilities.
Private offices
Law No. 52 of 1981 (as amended) and Law No. 4 of 1994 address smoking in public places, but do not address smoking in private offices.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require private offices to be 100% smoke free.
Hospitals
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, hospitals are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.
Residential healthcare facilities - public areas
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, public areas of residential healthcare facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect public areas of residential healthcare facilities.
Non-residential healthcare facilities
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore non-residential healthcare facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.
Childcare facilities/preschools
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” “Educational facilities” and “youth centers” are interpreted to include preschools and childcare facilities, respectively, and therefore smoking is prohibited in these places.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.
Primary and secondary schools
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, primary and secondary schools are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.
Universities/vocational facilities
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, universities and vocational facilities are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to university/vocational facilities.
Shops
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Stores or shops are not on this list of smoke free places, and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require shops to be 100% smoke free.
Cultural facilities
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Thus, to the extent that cultural facilities are owned or operated by the government, they are smoke free as “government venues.” Law No. 4 of 1994 restricts smoking to designated areas in “establishments,” which is defined to include “tourism related establishments.” To the extent that cultural facilities are “tourism related establishments,” smoking is restricted. In other types of cultural facilities (e.g., libraries), smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all cultural facilities to be 100% smoke free.
Indoor stadium/arenas
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Stadiums are not included on this list and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require indoor stadiums and arenas to be 100% smoke free.
Restaurants
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Restaurants are not included on this list and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require restaurants to be 100% smoke free.
Bars/pubs/nightclubs
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Bars, pubs, and nightclubs are not included on this list and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require bars, pubs, and nightclubs to be 100% smoke free.
Casinos
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Casinos are not included on this list and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require casinos to be 100% smoke free.
Hotels/lodging - public areas
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Hotels and other lodging are not included on this list and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of hotels and lodging to be 100% smoke free.
Hotels/lodgings - guest rooms
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Hotels and other lodging are not included on this list and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all hotel guest rooms to be 100% smoke free.
Prisons/detention facilities - public areas
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Prisons are not included on this list and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public areas of prisons and detention facilities to be 100% smoke free.
Trains, buses and other shared ground transportation other than taxis
Both Law No. 52 of 1981 and Law No. 4 of 1994 specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, trains, buses, and other shared ground transportation are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.
Taxis (for-hire vehicle)
Both Law No. 52 of 1981 and Law No. 4 of 1994 specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, taxis are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
Commercial aircraft
Both Law No. 52 of 1981 and Law No. 4 of 1994 specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, commercial aircraft are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.
Commercial watercraft
Both Law No. 52 of 1981 and Law No. 4 of 1994 specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, commercial watercraft are smoke free.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.
Public transport facilities (waiting areas for mass transit)
Law No. 52 of 1981 (as amended by Law No. 154 of 2007) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Public transport facilities, such as train stations, bus terminals, and airports, are not included on this list and therefore smoking is not restricted.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require public transport facilities to be 100% smoke free.