Timor-Leste

While the law prohibits smoking “in all enclosed public places, work places, and public transportation,” it also provides for a number of exceptions where smoking areas or rooms are permitted. That, along with the law’s vague and potentially limiting definition of “work place,” results in the regulatory status “Smoking is Restricted.”

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. In addition, the law should define the term “workplace” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

While the law prohibits smoking in all enclosed public places, it then provides a number of exceptions where smoking areas or rooms are permitted. Thus, the regulatory status is “Smoking is Restricted.”

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. In addition, the law should define the term “public place” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

While the law prohibits smoking on all public transportation, it then exempts open-air areas on “boats intended for the public transportation of passengers.” Thus, the regulatory status is “Smoking is Restricted.” In addition, it is unclear whether smoking is prohibition in commercial aircraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of public transportation to be 100% smoke free. In addition, the law should define the term “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

The law prohibits smoking “on the premises of government bodies, offices and agencies and public institutions,” but it exempts “spaces for smokers” that cannot occupy more than 30% of the total area intended for the public and must comply with a Ministerial Order to be set by the Minister of Health. (As of the date of this review, no requirements for smoking areas had been issued.) Thus, the regulatory status is “Smoking is Restricted.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces be 100% smoke free.

While the law prohibits smoking “in all enclosed public places, work places, and public transportation,” including “on the premises of government bodies, offices and agencies and public institutions,” it permits smoking in “spaces for smokers” that cannot occupy more than 30% of the total area intended for the public. Private offices are likely included in the law’s definition of “work place,” but the list of places covered by the law creates confusion about whether the list is all inclusive or merely meant to provide examples. It is also unclear whether Art. 5(d) applies to government offices only or all offices. Thus, the regulatory status is “Uncertain.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor public places and workplaces, including private offices, be 100% smoke free.

The law prohibits smoking in hospitals without exception.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

The law prohibits smoking “a) in health care institutions, namely hospitals, clinics, health centers, medical consulting offices, emergency rooms, laboratories, pharmacies and places where non-prescription medications are dispensed; b) in homes and other institutions that accommodate the elderly, the handicapped or the disabled; [and] … f) in day care centers for the elderly, community centers, sheltered workshops, rehabilitation centers and facilities for confinement and support for drug addicts and alcoholics.” However, the law permits smoking in “open-air areas placed inside the locations mentioned in sub-paragraphs b) [and] f)…” that cannot occupy more than 30% of the total area intended for the public. Because these areas must be in “open air”, the law is interpreted as prohibiting smoking in all indoor areas of residential healthcare facilities. Thus, the regulatory status is “100% Smoke Free.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public areas of residential healthcare facilities.

The law prohibits smoking “a) in health care institutions, namely hospitals, clinics, health centers, medical consulting offices, emergency rooms, laboratories, pharmacies and places where non-prescription medications are dispensed; b) homes and other institutions that accommodate the elderly, the handicapped or the disabled; [and] … f) day care centers for the elderly, community centers, sheltered workshops, rehabilitation centers and facilities for confinement and support for drug addicts and alcoholics.” However, the law permits smoking in “open-air areas placed inside the locations mentioned in sub-paragraphs b) [and] f)…” that cannot occupy more than 30% of the total area intended for the public.. Because these areas must be in “open air”, the law is interpreted as prohibiting smoking in all indoor areas of non-residential healthcare facilities. Thus, the regulatory status is “100% Smoke Free.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

The law prohibits smoking in childcare facilities/preschools without exception.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities/preschools.

The law prohibits smoking in primary and secondary schools without exception.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

The law prohibits smoking in universities/vocational facilities, but permits smoking in “open-air areas placed inside [universities/vocational facilities]” that cannot occupy more than 30% of the total area intended for the public . Because these areas must be in “open air”, the law is interpreted as prohibiting smoking in all indoor areas of universities and vocational facilities. Thus, the regulatory status is “100% Smoke Free.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities/vocational facilities.

The law prohibits smoking in “large shopping centers, supermarkets, markets and retail shops” but does not define “large.” Additionally, other provisions of the law provide for exceptions in areas that might be considered shops. For example, Art. 5(l) permits smoking in designated rooms for smokers that meet certain requirements in “establishments that sell flammable products and at filling stations.” Thus, the regulatory status is “Smoking is Restricted.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments in shops. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all indoor shops be 100% smoke free.

The law prohibits smoking in “museums, public collections, cultural centers, archives, libraries, conference rooms, reading rooms and lecture halls” without exception.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

The law prohibits smoking in “cinemas, theatres, venues and facilities for shows and other premises intended for the dissemination of the arts and spectacles [as well as] enclosed athletic facilities and public swimming pools” without exception.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/arenas.

The law prohibits smoking in restaurants, but it permits smoking in “open-air areas placed inside [restaurants]” that cannot occupy more than 30% of the total area intended for the public . Because these areas must be in “open air”, the law is interpreted as prohibiting smoking in all indoor areas of restaurants. Thus, the regulatory status is “100% Smoke Free.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

The law prohibits smoking in “bars, dance halls, karaoke bars and gaming rooms,” but it permits smoking in “open-air areas placed inside [those areas]” that cannot occupy more than 30% of the total area intended for the public. Because these areas must be in “open air”, the law is interpreted as prohibiting smoking in all indoor areas of bars, pubs, and nightclubs. Thus, the regulatory status is “100% Smoke Free.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

The law prohibits smoking in “gaming rooms,” but it permits smoking in “open-air areas placed inside [those areas]” that cannot occupy more than 30% of the total area intended for the public. Because these areas must be in “open air”, the law is interpreted as prohibiting smoking in all indoor areas of casinos. Thus, the regulatory status is “100% Smoke Free.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

The law prohibits smoking in public areas of hotels/lodging, but it permits smoking in “open-air areas placed inside [those areas]” that cannot occupy more than 30% of the total area intended for the public. Because these areas must be in “open air”, the law is interpreted as prohibiting smoking in all indoor public areas of hotels. Thus, the regulatory status is “100% Smoke Free.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels/lodging.

The law prohibits smoking in guest rooms of hotels/lodging, but it permits up to 30% of guest rooms to be identified as smoking rooms. Thus, the regulatory status is “Smoking is Restricted.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all hotel guest rooms be 100% smoke free.

The law prohibits smoking in correctional institutions, but it exempts “areas intended for inmates, expressly set aside … by … directors.” These designated areas may occupy more than 30% of the total area intended for the public. It is unclear whether these areas must comply with requirements to be set by the Minister of Health. Thus, the regulatory status is “Smoking is Restricted.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all indoor areas of prisons be 100% smoke free.

While the law prohibits smoking “in all enclosed public places, work places, and public transportation,” it then lists a number of specific places where smoking is prohibited, including “vehicles and boats intended for public transportation of passengers.” The law provides several exemptions where smoking is permitted; however, buses and other shared ground transportation are not among the exempted places. Thus, the regulatory status is “100% Smoke Free.”

(Note: trains are not specifically addressed in the law, and no definition for “public transportation” is given. However, it is our understanding that there are currently no trains in Timor-Leste.)

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to buses and other shared ground transportation.

The law prohibits smoking “in all enclosed public places, work places, and public transportation,” including taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

While the law prohibits smoking “in all enclosed public places, work places, and public transportation,” it then lists a number of specific places where smoking is prohibited, including “taxis, vehicles and boats intended for public transportation of passengers.” Commercial aircraft are not explicitly addressed, and no definition for “public transportation” is provided. Thus, it is unclear whether the law applies to commercial aircraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of public transportation, including commercial aircraft, to be 100% smoke free. In addition, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

While the law prohibits smoking in “public transportation,” including “boats intended for public transportation of passengers,” and it then exempts open-air areas on those boats provided that do not occupy more than 30% of the total area intended for the public. Thus, the regulatory status is “Smoking is Restricted.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of public transportation, including commercial watercraft, to be 100% smoke free.

While the law prohibits smoking “in all enclosed public places, work places, and public transportation,” it then lists a number of specific places where smoking is prohibited, including “r) in covered shelters and terminals for mass transit passenger vehicles; s) in covered parking garages; [and] … w) in port and airport facilities.” However, the law then exempts “rooms for smokers at [port and airport facilities]” that do not occupy more than 30% of the total area intended for the public and comply with a Ministerial Order to be set by the Minister of Health. Thus, the regulatory status is “Smoking is Restricted.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of public transport facilities to be 100% smoke free.

The law prohibits smoking in establishments where recreational machines and video games are operated and cyber-cafés. Smoking is permitted only in “open-air areas placed inside [those areas]” that cannot occupy more than 30% of the total area intended for the public.

The law prohibits smoking in banking institutions, including enclosed places for automatic teller machines, without exception.

The law prohibits smoking in covered parking garages without exception.

The law prohibits smoking in health clubs, gyms, spas, barber shops, hair dressers, and beauty salons without exception.

The law prohibits smoking in “elevators, lifts, and the like.”

The law prohibits smoking in “ambulances and vehicles to transport the infirm.”