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Term --FCTC-Based Definition Eswatini
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 law’s definition of "workplace" aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be improved if it specified that "workplace" includes both permanent and temporary areas.

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 law’s definition of “public transport” does not align with the definition provided in the FCTC Art. 8 Guidelines. It requires a vehicle have at least two wheels, which would exclude watercraft. Nonetheless, the effect of the law is complete because the definition of “public place” includes “a public conveyance or transport,” and the substantive provision clarifies that “any means of transportation used for commercial, public or professional purposes and used by more than one person” qualifies as a workplace and public place under the law. Regardless, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public transport" in accordance 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)

Not Defined
No
Analysis

The law’s definition of “smoke” does not align with the definition provided in the FCTC Art. 8 Guidelines. However, a definition of this term is not necessary for interpretation of the law because the law restricts smoking to designated areas 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

The law’s definitions of “smoke” and “smoking” align with the key concept from the FCTC Art. 8 Guidelines definition in that they encompass possession or control over a lit tobacco product.

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 law’s definition of “public place” should specify that public places may be “permanent or temporary” and apply to places used by the public "regardless of ownership or right of access." To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" in accordance with the definition 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 law’s definition of “tobacco product” aligns with the definition provided in the FCTC Art. 1(f) and is broader in that it includes cigarette papers, tubes, and filters.

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 law’s definition of "enclosed place" aligns with the definition of "indoor" or "enclosed" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Eswatini
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 restricts smoking to designated areas in enclosed public places and enclosed workplaces. Thus, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor 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 restricts smoking to designated areas in enclosed public places and enclosed workplaces. Thus, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places.

Not Applicable
Not Applicable
All public transport
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 restricts smoking to designated areas in enclosed public places, which includes “a public conveyance or transport,” and enclosed workplaces. Thus, the law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, indoor public places, and 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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “all government buildings.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in government facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Private offices
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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including private workplaces, offices, and office buildings. Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in private offices. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Hospitals
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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “health institutions,” which include hospitals. Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in hospitals. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Residential healthcare 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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “health institutions,” which include residential healthcare facilities. Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in residential healthcare facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Non-residential healthcare 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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “health institutions,” which include non-residential healthcare facilities. Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in non-residential healthcare facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Childcare facilities/preschools
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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “residential houses and any other such premises in which children are cared for whether for a fee or not.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in childcare facilities/preschools. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Primary and secondary schools
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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “educational institution[s] of all levels.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in primary and secondary schools. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Universities/vocational 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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “educational institution[s] of all levels.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in universities/vocational facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “retail or wholesale establishment[s] including a shopping mall or market.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in shops. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “cinema hall[s], theatres, video houses, such other halls or places of performance, disco halls or any other entertainment facilities at any time during which is open to the public” and “any other facility accessible to the public.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in cultural facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “stadium[s], sports and recreational facilities or an amusement park.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in indoor stadiums/arenas. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “restaurant[s]… and any other eating place.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in restaurants. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including bars. Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in bars/pubs/nightclubs. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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

While casinos are not specifically addressed, the law restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “… any other entertainment facilities at any time during which is open to the public,” “pool and bingo hall[s],” “any other facility accessible to the public,” and “any other facilities that employ paid personnel.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in casinos. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including hotels. Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in hotels/lodging. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including hotels. Hotel/lodging guest rooms are not specifically addressed, though, and thus, the regulatory status is “Uncertain.” The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in hotel/lodging guestrooms. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

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

While prisons/detention facilities are not specifically addressed, the law restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “any other facility accessible to the public,” and “any other facilities that employ paid personnel.” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in prisons/detention facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places and workplaces be 100% smoke free.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
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 restricts smoking to designated areas in enclosed public places, which includes “a public conveyance or transport,” and enclosed workplaces. Additionally, the law clarifies that “any means of transportation used for commercial, public or professional purposes and used by more than one person” qualifies as a workplace and public place under the law.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in trains, buses, and other shared ground transportation. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places, workplaces, and public transportation be 100% smoke free.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
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 restricts smoking to designated areas in enclosed public places, which includes “a public conveyance or transport,” and enclosed workplaces. Additionally, the law clarifies that “any means of transportation used for commercial, public or professional purposes and used by more than one person” qualifies as a workplace and public place under the law.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in taxis. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places, workplaces, and public transportation be 100% smoke free.

Not Applicable
Not Applicable
Commercial aircraft
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 restricts smoking to designated areas in enclosed public places, which includes “a public conveyance or transport,” and enclosed workplaces. Additionally, the law clarifies that “any means of transportation used for commercial, public or professional purposes and used by more than one person” qualifies as a workplace and public place under the law.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in commercial aircraft. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places, workplaces, and public transportation be 100% smoke free.

Not Applicable
Not Applicable
Commercial watercraft
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 restricts smoking to designated areas in enclosed public places, which includes “a public conveyance or transport,” and enclosed workplaces. Additionally, the law clarifies that “any means of transportation used for commercial, public or professional purposes and used by more than one person” qualifies as a workplace and public place under the law.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in commercial watercraft. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places, workplaces, and public transportation be 100% smoke free.

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 restricts smoking to designated areas in enclosed public places and enclosed workplaces, including “public transportation terminal[s].” Thus, it does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments, and therefore, does not provide effective or universal protection against tobacco smoke exposure in public transport facilities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all public places, workplaces, and public transportation be 100% smoke free.

Not Applicable
Not Applicable
Eswatini
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
Eswatini
Post signs
Yes
Yes
Analysis

The law requires managers/owners of places where smoking is restricted to post signs in both Siswati and English stating that smoking is prohibited and the prescribed penalty. The signs are to be in “such form and of such size” and be “posted in such place as may be prescribed.” As of the date of this review, no regulations have yet been issued, and no sanction for violating this duty is provided.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should contain penalties for failure to post signs. These penalties could include fines, license suspension or revocation, or other appropriate penalties, and should be commensurate with the severity of the violation.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty upon business owners, employers, or supervisors to remove ashtrays. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays and impose penalties for violations of that duty.

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

The law permits, but does not require, managers/owners of places where smoking is restricted to take steps to require a person smoking in violation of the law to stop. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or future regulations should require such a duty and prescribe penalties for violating that duty.

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

Any person who smokes in an undesignated area of a prohibited smoking area is subject to a fine up to 5,000 Emalangeni, imprisonment for up to a year, or both.

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