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Term --FCTC-Based Definition Burkina Faso
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Defined
Yes
Analysis

The definition of “workplace” in the implementing decree aligns with the definition of "workplace" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of "public transport" in the implementing decree aligns with the definition of "public transport" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Defined
Yes
Analysis

The definition of "passive tobacco use" in the law does not align with the definition of "second hand smoke" provided in the FCTC Art. 8 Guidelines. However, a definition is not strictly necessary because the term "passive tobacco use" is not used to impose a ban on smoking in the law. Instead, the law’s smoke free measures provide that "no person shall smoke’ in enclosed public places."

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Not Defined
No
Analysis

Neither the law nor implementing decree defines "smoking" or "smoke." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered "smoking" or "smoke," this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of "smoking" or "smoke" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Defined
Yes
Analysis

The definition of "public place" contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition would be more in line with the FCTC-based definition if it specified that public places may be permanent or temporary.

In addition, an implementing decree defines "closed public places” as "public places" and the definition of "enclosed or indoor" includes "all (indoor) places accessible to the public.” To better align with the FCTC Art. 8 Guidelines and lend clarity to the law, the definition of "public place" should be provided in accordance with the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of "tobacco product" in the law aligns with the definition of "tobacco product" provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Defined
Yes
Analysis

The definition of "enclosed public places" in the decree aligns with the definition of "indoor" or "enclosed" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Burkina Faso
All indoor workplaces
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all enclosed public places and the decree clarifies that workplaces are considered enclosed public places. Therefore, smoking in indoor workplaces is prohibited.

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

Not Applicable
Not Applicable
All indoor public places
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and the decree provides for a non-exhaustive list of public places where smoking is prohibited. Therefore, smoking in indoor public places is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all public transportation.

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

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces," which specifically includes "government offices." Therefore, smoking is prohibited in all government facilities.

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

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces," which specifically includes health establishments. Therefore, smoking is prohibited in all hospitals.

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

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes health establishments. Therefore, smoking is prohibited in all residential healthcare facilities.

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

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes health establishments. Therefore, smoking is prohibited in all non-residential healthcare facilities.

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

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public places" which includes day care centers, kindergartens, orphanages and childcare facilities. Therefore, smoking is prohibited in all childcare facilities.

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

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes educational institutions and/or facilities for vocational training. Therefore, smoking is prohibited in all primary and secondary schools.

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

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes educational institutions and/or facilities for vocational training. Therefore, smoking is prohibited in all universities and vocational facilities.

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

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces, which by definition includes "all places accessible to the public covered by a roof or surrounded by one or several walls." Thus, smoking is prohibited in shops or stores, as indoor areas open to the public.

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

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which include places of entertainment, shows, cinemas and theaters. Therefore, smoking is prohibited in all cultural facilities.

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

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which include places of entertainment, shows, and establishments intended for the reception, training, lodging of athletes, artists and others. Therefore, smoking is prohibited in all indoor stadiums and arenas.

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

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes places of entertainment, shows, restaurants, cafeterias, bars, discotheques, night clubs, cinemas, theaters and museums. Therefore, smoking is prohibited in all restaurants.

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

Not Applicable
Not Applicable
Bars/pubs/nightclubs
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes places of entertainment, shows, restaurants, cafeterias, bars, discotheques, night clubs, cinemas, theaters and museums. Therefore, smoking is prohibited in all bars, pubs and nightclubs.

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

Not Applicable
Not Applicable
Casinos
N/A
Not Applicable
Analysis

As of the date of this review, we understand that there are no casinos in Burkina Faso.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces, which by definition includes "all places accessible to the public covered by a roof or surrounded by one or several walls." Thus, smoking is prohibited in public areas of hotels, as indoor areas open to the public.

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

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces, which by definition includes "all places accessible to the public covered by a roof or surrounded by one or several walls." Additionally, hotel guest rooms may also be workplaces, as defined in the decree as “all places used by people in the context of paid work or charitable work.” However, given that the decree does not explicitly cover hotel guest rooms, the regulatory status code of “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes correctional establishments. Therefore, smoking is prohibited in public areas of prisons and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all means of public transportation. The definition of public transportation includes "any vehicle used for the transport of passengers, whether for remuneration or not." The definition of "public transportation" also includes a non-exhaustive list of places that are "public transportation" which includes vehicles, aircraft, canoes and pirogues and trains. Therefore, smoking is prohibited in trains, buses and other shared ground transportation.

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

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all means of public transportation. The definition of public transportation includes "any vehicle used for the transport of passengers, whether for remuneration or not." Therefore, smoking is prohibited in taxis.

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

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all means of public transportation. The definition of public transportation includes "any vehicle used for the transport of passengers, whether for remuneration or not." The definition of "public transportation" also includes a non-exhaustive list of places that are "public transportation" which includes vehicles, aircraft, canoes and pirogues and trains. Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all means of public transportation. The definition of public transportation includes "any vehicle used for the transport of passengers, whether for remuneration or not." The definition of "public transportation" also includes a non-exhaustive list of places that are "public transportation" which includes vehicles, aircraft, canoes and pirogues and trains. Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law and decree prohibit smoking in all enclosed public places and workplaces, which by definition includes "all places accessible to the public covered by a roof or surrounded by one or several walls." Thus, smoking is prohibited in public transport facilities, as indoor areas open to the public.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Not Applicable
Not Applicable
Burkina Faso
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
No
No
Not Applicable
Not Applicable
Burkina Faso
Post signs
Yes
Yes
Analysis

The law imposes a duty on those responsible for a public place or public transportation to prominently display "no smoking" signs. However, penalties, ranging between 5,000 FCFA and 15,000 FCFA are imposed on smokers violating smoke free laws.

The law does not specify the size or text of the signs, or specify that signs should state a way to report violations; however, as of the date of this review, regulations on this issue are pending.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it requires the posting of no-smoking signs. However, to more fully align with the FCTC and the FCTC Art. 8 Guidelines, the law or any regulations issued under the law should specify the size, content and format of the no-smoking signs and impose duties and penalties on the owners of premises as well as provide a way to report violations.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers or supervisors to remove ashtrays. Such a duty should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

There is no duty imposed upon business owners, employers or supervisors to take steps to require a person to stop smoking. Such a duty should be imposed in accordance with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The law provides for penalties of non-compliance with the smoking ban including a fine ranging between 5,000 FCFA to 15,000 FCFA. Fines are doubled in the case of repeat offenses.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in this regard.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Burkina Faso
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable