LANGUAGE

Quickly view a country’s tobacco control law status or compare it to the status of several countries at once.

Select a Policy
Choose Countries to Compare
Term --FCTC-Based Definition Namibia
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 FCTC Art. 8 Guidelines address “enclosed” and “workplace” as separate concepts and terms. The law incorporates these terms together in the definition of “work place”.

The definition may be limiting in that it does not specifically cover voluntary work. To ensure enforcement of the smoking prohibition in all indoor workplaces, 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 term “public conveyance” 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)

Not Defined
No
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures prohibit smoking in public places and certain other areas rather than, for example, "no person shall be exposed to second hand smoke in 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)

Defined
Yes
Analysis

The definition of “smoke” provided in the law aligns 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 FCTC Art. 8 Guidelines address “public place”, “enclosed”, “workplace”, and “public transport” as separate concepts and terms. The law incorporates these terms into the definition of “public place.” The definition could be strengthened by providing that areas open to the public include accessibility regardless of ownership or right of access. The definition is also more comprehensive that the definition provided for in the FCTC Art. 8 Guidelines in that it specifically includes places with residential character such as private dwelling childcare facilities.

In general, the term “public place” aligns with the concept and key definitions provided in 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” aligns with the definition provided for 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 terms “indoor” or “enclosed” and “partially enclosed” align with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Namibia
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 comprehensively prohibits smoking in all indoor public places, which, by definition, includes virtually all parts of all indoor workplaces, including work vehicles and certain private dwellings where childcare or schooling occur.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places, which, by definition, includes a “public conveyance.” A “public conveyance,” by definition, includes the commercial transportation of people by means of aircraft, ship, boat, bus, mini-bus or taxi.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to available means of 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include government facilities. Therefore, these places are covered under the ban.

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

Not Applicable
Not Applicable
Private offices
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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include private offices. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include hospitals. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include public areas of residential healthcare facilities. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include non-residential healthcare facilities. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The term “public place,” as defined in the law, specifically includes private dwellings used for “commercial childcare activity or for schooling or tutoring.” Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to childcare facilities and 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The term “public place,” as defined in the law, specifically includes private dwellings used for “commercial childcare activity or for schooling or tutoring.” Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include universities and vocational facilities. The term “public place,” as defined in the law, specifically includes private dwellings used for “commercial childcare activity or for schooling or tutoring.” Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include stores or shops. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to stores or 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include cultural facilities. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include indoor stadiums and arenas. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include restaurants. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include bars, pubs, and nightclubs. Therefore, these places are covered under the ban.

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

Not Applicable
Not Applicable
Casinos
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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include casinos. Therefore, these places are covered under the ban.

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

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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include public areas of hotels. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. While the terms “public place” and “workplace” are broadly defined and could be interpreted to cover guest rooms as an “area in which employees perform the duties of their employment,” under the definition of “workplace,” it is unclear whether this is the intent of the law. Therefore, the regulatory status 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include public areas of prisons. Therefore, these places are covered under the ban.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of 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 comprehensively prohibits smoking in all indoor public places, which, by definition, includes a “public conveyance.” A “public conveyance” is defined to include the commercial transportation of people by means of “aircraft, ship, boat, bus, mini-bus or taxi.”

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 comprehensively prohibits smoking in all indoor public places, which, by definition, includes a “public conveyance.” A “public conveyance” is defined to include the commercial transportation of people by means of “aircraft, ship, boat, bus, mini-bus or taxi.”

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 comprehensively prohibits smoking in all indoor public places, which, by definition, includes a “public conveyance.” A “public conveyance” is defined to include the commercial transportation of people by means of “aircraft, ship, boat, bus, mini-bus or taxi.”

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 comprehensively prohibits smoking in all indoor public places, which, by definition, includes a “public conveyance.” A “public conveyance” is defined to include the commercial transportation of people by means of “aircraft, ship, boat, bus, mini-bus or taxi.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 comprehensively prohibits smoking in all indoor public places and workplaces without exception. The terms “public place” and “workplace” are broadly defined to include public transport facilities. Therefore, these places are covered under the ban.

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

Not Applicable
Not Applicable
Namibia
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
Namibia
Post signs
Yes
Yes
Analysis

The law requires the owner or person in charge of any public place, workplace or public conveyance to display prescribed signs and make a prescribed public announcement to inform persons of any smoking prohibitions.

The regulations provide for penalties for non-compliance to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding 1 year, or both.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to the duty to post signs.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no specific duty imposed upon business owners, employers, and supervisors to remove ashtrays from the premises. However, the law requires owners or persons in charge of public places, workplaces, and public conveyances to ensure that no person smokes in such places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should impose a duty upon the owner, manager or other person in charge of the premises to remove ashtrays from the premises.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The law requires owners or persons in charge of public places, workplaces, and public conveyances to ensure that no person smokes in such places and the regulations sets out additional duties on owners or persons in charge of a premises including laying a complaint against a person who does not stop smoking when asked.

The regulations provide for penalties for non-compliance to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding 1 year, or both.

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

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 not to exceed N$500 or to imprisonment not exceeding one month, or both.

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

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

The law provides for various specific protections of employees. Penalties for employers’ non-compliance include a fine not exceeding N$100,000 or imprisonment not exceeding 5 years, or both.

The law also authorizes any person to submit a complaint to an owner or person in charge of a public place, workplace or public conveyance, to which the owner or person in charge must respond and try to resolve the complaint. The regulations also provide penalties for non-compliance with the ban on smoking within 2 meters of any window, ventilation inlet or entrance and exist from a public place or workplace to include a fine not exceeding N$4,000 or imprisonment for a period not exceeding 1 year, or both.

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