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Term --FCTC-Based Definition Botswana
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” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition in the law could be improved if it specified that the definition of “workplace” includes both permanent and temporary areas, and that the term encompasses work done for compensation or 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 service vehicle” contained in the law aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

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

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

Defined
Yes
Analysis

Taken together, the definitions of “second-hand smoke” and “side-stream smoke” encompass the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines.

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

The law does not contain a definition of “smoking” or “smoke.” The law prohibits or restricts smoking in certain enclosed public places, certain parts of workplaces, and certain outside places.

The failure to define “smoking” may impede enforcement of the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “smoking” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

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

Defined
Yes
Analysis

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

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

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

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

Not Defined
No
Analysis

The law does not contain a definition of “indoor” or “enclosed.” The law prohibits or restricts smoking in certain enclosed public places and workplaces. The failure to define “enclosed” may impede enforcement of the law.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor” or “enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Botswana
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 does not provide for 100% smoke free indoor workplaces. The law permits a person in control of an indoor workplace to create a zone for smoking. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 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 does not provide for 100% smoke free indoor public places. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all parts of all indoor public places to be 100% smoke free.

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 permits the person in control of a public service vehicle to create a zone for smoking. The smoking zone must have a separate entrance, separate ventilation and cannot expose non-smokers to smoke. In some forms of public transport such as taxis and buses, it would be impossible to set aside specially designated smoking areas that meet the law’s requirements. Therefore, the regulatory status of smoking in those vehicles is uncertain, while smoking is restricted to designated areas in other means of public transport such as trains and commercial watercraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation.

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 does not provide for 100% smoke free government facilities. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all government facilities to 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 does not provide for 100% smoke free indoor private offices. The law permits a person in control of a private workplace to create a zone for smoking. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require indoor private offices to 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 does not provide for 100% smoke free hospitals. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all hospitals to 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 does not provide for 100% smoke free residential healthcare facilities. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all public areas of residential healthcare facilities to 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 does not provide for 100% smoke free non-residential healthcare facilities. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all non-residential healthcare facilities to 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 does not provide for 100% smoke free childcare facilities and preschools. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all childcare facilities and preschools to 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 does not provide for 100% smoke free primary and secondary schools. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all primary and secondary schools to 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 does not provide for 100% smoke free universities and vocational facilities. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all universities and vocational facilities to 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 does not provide for 100% smoke free indoor shops. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all indoor shops to 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 does not provide for 100% smoke free indoor cultural facilities. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all indoor cultural facilities to 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 does not provide for 100% smoke free indoor stadiums and arenas. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all indoor stadiums and arenas to 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 does not provide for 100% smoke free restaurants. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all restaurants to 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 does not provide for 100% smoke free bars, pubs, and nightclubs. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all bars, pubs, and nightclubs to 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

The law does not provide for 100% smoke free casinos. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all casinos to 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 does not provide for 100% smoke free indoor public areas in hotels and other lodging. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all indoor public areas of hotels and other lodging to be 100% smoke free.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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 permits a person in control of a place of lodging to designate up to 20 percent of rooms as smoking rooms, subject to certain restrictions provided in the law.

Therefore, 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 require all guest rooms in hotels to 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

The law does not provide for 100% smoke free indoor public areas of prisons. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require all indoor public areas of prisons to be 100% smoke free.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
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 permits the person in control of a public service vehicle to create a zone for smoking. The smoking zone must have a separate entrance, separate ventilation, and cannot expose non-smokers to smoke. In some forms of ground transportation, it would be impossible to set aside specially designated smoking areas that meet the law’s requirements. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on all means of public transportation including trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
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 permits the person in control of a public service vehicle to create a zone for smoking. The smoking zone must have a separate entrance, separate ventilation, and cannot expose non-smokers to smoke. However, it is impossible to set aside specially designated smoking areas that meet the law’s requirements in a taxi. Therefore, the regulatory status “Uncertain” is given.

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

Not Applicable
Not Applicable
Commercial aircraft
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 permits the owner or occupier of a public transit vehicle to create a zone for smoking. The smoking zone must have a separate entrance, separate ventilation, and cannot expose non-smokers to smoke. In commercial aircraft, it may be impossible to set aside specially designated smoking areas that meet the law’s requirements. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should clearly prohibit smoking on commercial aircraft.

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 does not provide for 100% smoke free commercial watercraft. The law permits a person in control of a public transit vehicle, which, by definition, includes commercial watercraft, to create a zone for smoking. The smoking zone must have a separate entrance, separate ventilation and cannot expose non-smokers to smoke. Therefore, smoking is restricted to these areas on commercial watercraft.

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 require commercial watercraft to 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 does not provide for 100% smoke free indoor public transport facilities. The law permits a person in control of a public or private workplace to create a zone for smoking. Because all public places are workplaces for someone, the law is interpreted as permitting a smoking zone in any indoor public place as well. The smoking zones, in turn, are subject to certain restrictions provided in the law.

Therefore, 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 require indoor public transport facilities to be 100% smoke free.

Not Applicable
Not Applicable
Botswana
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
Botswana
Post signs
Yes
Yes
Analysis

The law requires the owner or operator of a public place or public transit vehicle to post “no smoking” signs that are at least 19cm by 19cm. The law additionally requires posting of signs designating the areas where smoking is permitted. Failure to post required signs results in a fine of P1,000 for an individual owner or P10,000 for a corporate entity.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, fines imposed under the law should increase for repeated violations, and the law should consider administrative sanctions such as the suspension of business licenses.

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

The law requires an owner or operator of a public place, workplace, or public service vehicle to take reasonable steps to ensure that no person smokes in the premises. These steps include: asking the person to stop smoking, demanding that the person leave the premises (or in the case of a public transit vehicle, that they exit at the next practicable stop), and seeking the assistance of law enforcement in removing the offending person.

Failure to take reasonable steps to stop someone from smoking results in a fine of P1,000 for an individual owner or P10,000 for a corporate entity. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, fines imposed under the law should increase for repeated violations, and the law should consider administrative sanctions such as the suspension of business licenses.

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

The law imposes a duty on smokers to take all reasonable measures to ensure others are protected from exposure to tobacco smoke. Failure to do so results in a fine of P1,000. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should emphasize that there is a duty imposed upon smokers not to smoke where prohibited. Also, fines imposed under the law should increase for repeated violations.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Employers have a duty to investigate complaints received within 10 days of receipt. They must also take steps to resolve the complaint. Failure to comply with these requirements results in a fine of P1,000 for an individual owner or P10,000 for a corporate entity.

Not Applicable
Not Applicable
Botswana
Are sub-national jurisdictions permitted to have smoke-free laws?
Uncertain
Uncertain
Not Applicable
Not Applicable