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Term --FCTC-Based Definition Maldives
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 Tobacco Control Act and implementing regulations respectively define “workplace” and “workplaces.” Neither definition aligns with the definition provided in the FCTC Art. 8 Guidelines because the definitions apply only to permanent, and not temporary, work spaces that are simultaneously used by a number of people. A definition of “workplace” should be provided in accordance with the definition 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 vehicles or vessels and areas” aligns with the definition of “public transport” provided in 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)

Not Defined
No
Analysis

The law does not contain a definition of “second hand smoke.” 

However, a definition of this term is not necessary for interpretation of the law because the law prohibits the “use” of tobacco products in public places and public transportation (with exceptions) rather than prohibiting “exposure to second hand smoke.”

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)

Defined
Yes
Analysis

To align with FCTC Art. 8 Guidelines, the law’s definition should specify “being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.”

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 Tobacco Control Act and implementing regulations respectively define “public areas” and “public place.” These definitions align with the definition of “public place” provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer by specifying that public places may be permanent or temporary.

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” aligns with the definition provided in FCTC Art. 1(f).

To more fully align, the definition could make clear that tobacco products are manufactured to be used for smoking, sucking, chewing or snuffing as provided in the definition 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)

Not Defined
No
Analysis

The law does not contain a definition of “indoor” or “enclosed.” However, the definition of “workplace” contained in the Tobacco Control Act and the definition of “workplaces” contained in the implementing regulations each has an indoor/enclosed component. However, the definitions conflict as to whether both a roof and one or more walls are required or whether a roof or one or more walls suffice.

To ensure comprehensive coverage and interpretation of the law, a definition of "indoor” or “enclosed" or similar terms should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Maldives
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking/tobacco use in a number of listed places, including workplaces for some people, but the list is not comprehensive, and the regulation allows for designated smoking areas in qualifying “non air-conditioned teashops, restaurants, cafes and other food and beverage outlets.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the laws should prohibit smoking in all parts of all indoor workplaces and public places.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law prohibits smoking/tobacco use in a number of listed places, including some public places, but the list is not comprehensive, and the regulation allows for designated smoking areas in qualifying “non air-conditioned teashops, restaurants, cafes and other food and beverage outlets.” 

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the laws should prohibit smoking in all parts of all indoor workplaces and 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 prohibits smoking on public transport vehicles or vessels and areas as prescribed by regulations issued under the Act. The implementing regulations specifically prohibit smoking in ferry vessels and any vessel used for the transportation of passengers or cargo. Although the regulations use the word “vessel,” this provision is interpreted as applying to both vehicles and vessels. 

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 prohibits smoking in buildings “where government institutions function” and “are housed.” Specifically, this includes “government offices and buildings where government institutions and government share-held companies are run.”

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

Not Applicable
Not Applicable
Private offices
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law does not specifically address smoking in private offices. Therefore, the law is interpreted as permitting smoking in private offices.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in private offices.

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 prohibits smoking in areas and buildings of health service providers, which includes 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 prohibits smoking in areas and buildings of health service providers, which includes residential healthcare facilities. In addition, the regulations prohibit smoking in places where elderly people are cared for and at rehabilitation centers.

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 prohibits smoking in areas and buildings of health service providers, which includes 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 prohibits smoking in childcare and child education facilities.

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

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 prohibits smoking in educational facilities.

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 prohibits smoking in educational 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 prohibits smoking in places where members of the public typically enter to receive goods or services, or places where people regularly wait in queues or otherwise. This is interpreted to include shops.

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 prohibits smoking in cinemas and auditoriums. In addition, the implementing regulations prohibit smoking in the places where “typically a large number of people gather” and “places where children typically gather for entertainment.” Taken together, these provisions are interpreted as prohibiting smoking in 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 prohibits smoking in buildings, courts, fields, and stadiums for the playing of sports.

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

Not Applicable
Not Applicable
Restaurants
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The regulations prohibit tobacco use in teashops, restaurants, cafés, and any other outlets providing food or beverages that are air-conditioned, but allows for designated smoking areas in qualifying “non air-conditioned teashops, restaurants, cafés and other food and beverage outlets.” Thus, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

We understand that no alcohol is available outside of resorts in the Maldives. Nonetheless, the regulations prohibit tobacco use in teashops, restaurants, cafés, and any other outlets providing food or beverages that are air- conditioned, but allows for designated smoking areas in qualifying “non air- conditioned teashops, restaurants, cafés and other food and beverage outlets.” Thus, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all bars, pubs and nightclubs.

Not Applicable
Not Applicable
Casinos
N/A
Not Applicable
Analysis

There are no casinos in Maldives.

Not Applicable
Not Applicable
Hotels/lodging - public areas
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 does not specifically address smoking in hotels. The regulations prohibit tobacco use in “places where members of the public typically enter to receive goods or services, or places where people regularly wait in queues or otherwise” and places where typically a large number of people gather. It is possible that these provisions could be interpreted as prohibiting smoking in public areas of hotels. However, because the law is unclear, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law does not specifically address smoking in hotel guest rooms. Therefore, the law is interpreted as permitting smoking in hotel guest rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in guest rooms of hotels.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law does not specifically address smoking in prisons. Therefore, the law is interpreted as permitting smoking in prisons and detention facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including prisons.

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 prohibits smoking in public transport vehicles, including those used for the transportation of passengers. This includes trains, buses and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines on 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 prohibits smoking in public transport vehicles, including those used for the transportation of passengers. This includes taxis (for-hire vehicles).

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines on taxis (for-hire vehicles).

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 prohibits smoking in public transport vehicles or vessels, including those used for the transportation of passengers or cargo. This includes commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines on 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 prohibits smoking in public transport vessels and areas, including any vessel used for the transportation of passengers or cargo. This includes commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines on 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 prohibits smoking in public transport vehicles areas, or an area or areas thereof, as prescribed by regulations issued under the Act. This includes areas such as indoor or enclosed waiting rooms, train stations, bus terminals, and airports.

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

Not Applicable
Not Applicable
Maldives
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Maldives
Post signs
Yes
Yes
Analysis

The implementing regulation requires notices be visibly posted at places where tobacco use is prohibited. Appendix 1 of the implementing regulations contains details on wording, color, size and font for these signs. A phone number for reporting of violations is provided. First-time violations are subject to a fine of 500 Rufiyaa. Subsequent violations are subject to a fine of 5,000 Rufiyaa each time.

The law aligns with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31. The law might also include administrative sanctions, such as suspension of business license for failure to comply.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty to remove ashtrays from smoke free places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners, employers, and supervisors to remove ashtrays in all indoor public places, workplaces and public transport.

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

The law does not require a business owner, employer, or supervisor to take steps to require a person to stop smoking. However, the regulations impose a fine of 1,000 Rufiyaa on the owners of non-public places where tobacco use is prohibited if tobacco is used in violation of the law. 

The Tobacco Control Act requires persons in charge of places where tobacco use is prohibited to take responsibility for permitting violations of the law and provides for cancellation or temporary suspension of licenses for dealing in tobacco products.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on a business owner, employer, or supervisor to take steps to require a person to stop smoking.

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

The Tobacco Control Act authorizes the removal of someone who uses tobacco in violation of the law, and the regulation imposes a fine of 500 Rufiyaa for such a violation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines by imposing penalties upon any smoker who smokes in any place where smoking is prohibited.

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