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Term --FCTC-Based Definition Niger
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 decree aligns with the definition of "workplace" in the FCTC Art. 8 Guidelines. However, the definition would be clearer if it specified that "workplace" includes all common areas frequented during the course of employment, whether permanent or temporary, and encompasses places where work is performed on a voluntary basis.

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 aligns with the definition 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

This definition could be made stronger by defining it in accordance with the FCTC Art. 8 Guidelines to specify that second hand smoke is smoke that is emitted from the burning end of a cigarette or other tobacco product, in combination with smoke exhaled from the smoker. However, a definition of this term is not strictly necessary because the term is not used to apply the substantive provisions of the law or decree.

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

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: (1) public places may be permanent or temporary; (2) the law applied regardless of ownership of the premises; (3) the law defined “enclosed place” as a separate concept and term and (4) the definitions of “public place” in the law and decree were consistent with one another.

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 products" contained in the law aligns with the definition of “tobacco product” contained 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

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 “enclosed” or “indoor”, this may impair the ability of the law to fulfill FCTC Art. 8 requirements.

A definition of "indoor" or "enclosed” should be provided in accordance with the definition supplied by the FCTC Art. 8 Guidelines para. 19.

Not Applicable
Not Applicable
Niger
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 and decree allow a person in control of any workplace to create designated smoking rooms, except in educational institutions and health facilities. Designated smoking rooms are subject to design restrictions provided in the decree.

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.

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 and decree allow a person in control of any public place to create designated smoking rooms, except in educational institutions and health facilities. Designated smoking rooms are subject to design restrictions provided in the decree.

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.

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 on all public transportation.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all public transport.

Not Applicable
Not Applicable
Government facilities
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 and decree allow a person in control of a public place or workplace, which by definition includes government offices, to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking is not prohibited in government facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should prohibit smoking in all parts of all indoor workplaces and public places, including 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 and decree allow a person in control of a public place or workplace, which includes private offices, to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in private offices may be permitted in designated smoking rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should prohibit smoking in all parts of all indoor workplaces and public places, including 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 and decree allow a person in control of a public place or workplace to create designated smoking rooms, except in educational institutions and health facilities, which include hospitals.

The law and decree align 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 and decree allow a person in control of a public place or workplace to create designated smoking rooms, except in educational institutions and health facilities, which we interpret to include public areas of residential healthcare facilities.

The law and decree align 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 and decree allow a person in control of a public place or workplace to create designated smoking rooms, except in educational institutions and health facilities, which we interpret to include non-residential healthcare facilities.

The law and decree align 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 and decree allow a person in control of a public place or workplace to create designated smoking rooms, except in health facilities, education establishments, and establishments intended for the hosting, education or lodging of minors, which we interpret to include childcare facilities and preschools.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to preschools and 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 allow a person in control of a public place or workplace to create designated smoking rooms, except in health facilities, education establishments, and establishments intended for the hosting, education or lodging of minors, which include primary and secondary schools.

The law and decree align 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 and decree allow a person in control of a public place or workplace to create designated smoking rooms, except in health facilities and education establishments, which include primary and secondary schools.

The law and decree align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to university and vocational facilities.

Not Applicable
Not Applicable
Shops
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 and decree allow a person in control of a public place or workplace, which includes any “closed and covered places which are open to the public,” to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in shops is not prohibited.

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

Not Applicable
Not Applicable
Cultural facilities
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 and decree allow a person in control of a public place or workplace, which includes any “closed and covered places which are open to the public,” theatres, cinemas, libraries and museums and concert halls, to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in cultural facilities is not prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should prohibit smoking in all parts of all indoor workplaces and public places, including cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
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 and decree allow a person in control of a public place or workplace, which includes any “closed and covered places which are open to the public” to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in indoor stadiums and arenas is not prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should prohibit smoking in all parts of all indoor workplaces and public places, including indoor stadiums and 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 law and decree allow a person in control of a public place or workplace, which includes restaurants, to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in restaurants is not prohibited.

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

The law and decree allow a person in control of a public place or workplace, which includes a bar, to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in bars is not prohibited.

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

Not Applicable
Not Applicable
Casinos
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 and decree allow a person in control of a public place or workplace, which includes casinos and gaming rooms, to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in casinos and gaming rooms is not prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should prohibit smoking in all parts of all indoor workplaces and public places, including casinos and gaming rooms.

Not Applicable
Not Applicable
Hotels/lodging - public areas
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 and decree allow a person in control of a public place or workplace, which includes hotels, to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in public areas of hotels is not prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should prohibit smoking in all parts of all indoor workplaces and public places, including 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 allow a person in control of a public place or workplace, which includes hotels, to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. However, guest rooms in hotels are not specifically addressed in the law or decree. Therefore, the regulatory status of smoking in hotel guest rooms is “Uncertain.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should specifically prohibit smoking in all parts of all indoor workplaces, including guest rooms of hotels.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
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 and decree allow a person in control of a public place or workplace to create designated smoking rooms, which we interpret to include public areas prisons as places that are “closed and covered places which are open to the public or constitute work places.” Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in public areas of prisons is not prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should prohibit smoking in all parts of all indoor workplaces and public places, including 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 prohibits smoking in “all public transport” including, but not limited to taxis, buses, elevators, and trains. Therefore, smoking is prohibited on buses, trains and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 “all public transport” including, but not limited to taxis. Therefore, smoking is prohibited on taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 prohibits smoking in “all public transport” including, but not limited to airplanes. Therefore, smoking is prohibited on commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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 prohibits smoking in “all public transport” without exceptions. Therefore, smoking is prohibited on commercial watercraft.

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

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
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 and decree allow a person in control of a public place or workplace, which includes any “closed and covered places which are open to the public” and “taxi stations” to create designated smoking rooms. Designated smoking rooms are subject to design restrictions provided in the decree. Therefore, smoking in public transport facilities is not prohibited.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and decree should prohibit smoking in all parts of all indoor workplaces and public places, including public transport facilities.

Not Applicable
Not Applicable
Niger
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
Niger
Post signs
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to post signs indicating that smoking is prohibited on the premises, where applicable.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law 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

Although the law does not specifically state the steps that the owner must take to require a person to stop smoking, the law imposes penalties on business owners for allowing smoking where prohibited. Penalties for violating this provision include fines of 100,000 CFA and the potential initiation of legal proceedings.

In the event of repeated misconduct, fines may be doubled and the violating establishment could be shut down for fifteen to thirty days. In the event of further violations and a judgment against the violating establishment, permanent closure could be ordered.

Lastly, the health police may become involved, in which case penalties of between 5,000 FCFA to 25,000 FCFA may be imposed.

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

The law imposes penalties on persons who smoke where smoking is prohibited. Persons may be subject to a fine of 5,000 FCFA.

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

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