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Term --FCTC-Based Definition Djibouti
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 “indoor 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 structures and is not dependent on whether work is 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 and group transportation” aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

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

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

Not Defined
No
Analysis

Although the term “secondhand smoke” is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures provide that “no person shall smoke” in enclosed public places rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places. . . .”

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Defined
Yes
Analysis

The definition of “to smoke” incorporates the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product regardless of whether it is being actively inhaled.

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 “enclosed public space” aligns with the FCTC Art. 8 Guidelines definition of “public place.” However, the definition may be limiting in that it does not clearly specify that public access to a public place should not be conditioned on ownership or right of access and in that it does not explicitly include permanent and temporary structures.

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” provided in FCTC Art. 1(f).

The definition of “tobacco product” contained in Decree No. 2007-0230 refers only to those tobacco products intended to be smoked, which is sufficient because the decree is specifically on restrictions on smoking in public.

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

There is no definition for this key term. Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines.

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

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

The law prohibits smoking in all enclosed workplaces except for restaurants and bars. In restaurants and bars, smoking is restricted to specific areas set aside for smokers “unless it is impossible to do so.” Because smoking is permitted in some areas of bars and restaurants, the regulatory status "Smoking is Restricted" is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not explicitly provide for 100% smoke free environments in all indoor workplaces and public places and, therefore, does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and 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 prohibits smoking in all enclosed public places except for restaurants and bars. In restaurants and bars, smoking is restricted to specific areas set aside for smokers “unless it is impossible to do so.” Because smoking is permitted in some areas of bars and restaurants, the regulatory status "Smoking is Restricted" is given.

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

Smoking is prohibited on public transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all enclosed public places and enclosed workplaces with the exception of bars and restaurants. In addition, the decree specifically cites public and semi-public office buildings in a non-exhaustive list of smoke free premises. Therefore, smoking is prohibited in government facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to government facilities.

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law specifically prohibits smoking in “any enclosed and/or covered space that constitutes an indoor workplace in public, semi-public or private office buildings.” Therefore, smoking is prohibited in indoor private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all indoor and outdoor areas of public and private health facilities. Therefore, smoking is prohibited in hospitals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all indoor and outdoor areas of public and private health facilities. Therefore, smoking is prohibited in the public areas of residential healthcare facilities. The law aligns with and exceeds 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 prohibits smoking in all indoor and outdoor areas of public and private health facilities. Therefore, smoking is prohibited in non-residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law specifically prohibits smoking in kindergartens, daycare, and childcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 specifically prohibits smoking in institutions of primary and secondary instruction. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law specifically prohibits smoking in universities and institutions of higher education, institutions of vocational instruction, and any enclosed or covered space that constitutes a place of instruction or apprenticeship. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all enclosed public places and enclosed workplaces, with the exception of restaurants and bars. The law additionally prohibits smoking in “the market areas where consumer goods are sold.” Because shops are both enclosed public places and enclosed workplaces as well as areas where consumer goods are sold, the law is interpreted as prohibiting smoking in shops. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to shops.

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law specifically prohibits smoking in cultural facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law specifically prohibits smoking in premises intended to accommodate the public for athletic events; therefore, smoking is prohibited in indoor stadiums and arenas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to indoor stadiums and arenas.

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

The law restricts smoking in restaurants to specific spaces set aside for smokers “unless it is impossible to do so.” Because the law does not guarantee that smoking will be restricted to a designated area or room, the regulatory status “Smoking is Not Restricted” is given. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking in bars to specific spaces set aside for smokers “unless it is impossible to do so.” Because the law does not guarantee that smoking will be restricted to a designated area or room, the regulatory status “Smoking is Not Restricted” is given. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all enclosed public places and enclosed workplaces, with the exception of bars and restaurants. Because casinos are both enclosed public places and workplaces, the law is interpreted as prohibiting smoking in casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all enclosed public places and enclosed workplaces, with the exception of bars and restaurants. Because hotels are both enclosed public places and workplaces, the law is interpreted as prohibiting smoking in the public areas of hotels. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law prohibits smoking in all enclosed public places and enclosed workplaces, with the exception of bars and restaurants. Because hotel rooms are enclosed workplaces for some, the law could be interpreted as prohibiting smoking in hotel rooms. However, given that the law does not explicitly address hotel guest rooms, the regulatory status code of "Uncertain" is given. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking in hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all enclosed public places and enclosed workplaces, with the exception of bars and restaurants. Because prisons are both enclosed public places and workplaces, the law is interpreted as prohibiting smoking in the public areas of prisons. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to 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 trains, buses, and other shared ground transport. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to trains, buses, and other shared ground transport.

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, which is defined as any vehicle carrying passengers for monetary gain. Therefore, the law is interpreted as including taxis. Additionally, the law requires no-smoking signs to be posted within all taxis, confirming that taxis are subject to the smoking ban. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all public transport, including commercial aircraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in all public transport, including commercial watercraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in waiting areas of public and group transport stations including waiting rooms, embarkation rooms, and platforms and bus stations. Therefore, smoking is prohibited in public transport facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to public transport facilities.

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

The law requires that no-smoking signs are posted in all places where smoking is prohibited. Order No. 2008-492 prescribes the text of the signs and provides a template. However, the law does not identify the person(s) on whom the duty is imposed, despite providing sanctions for the offense. Failure to post signs results in punishment of six months of imprisonment and a fine of 3 million Djibouti Francs. In the case of repeated offenses, the fine and prison sentence may be doubled.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty to post signs and increases penalties for failure to do so. However, the law should identify those people responsible for posting signs. In addition, a broader range of penalties should be provided to conform to the severity of the offense.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

There is no duty imposed upon business owners, employers, and 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)
No
No
Analysis

There is no general duty imposed upon business owners, employers, and supervisors to take steps to require a person to stop smoking. However, Order No. 2008-492 provides further instructions in the case of public transport. Conveyors must “commit to the goal of ending smoking in restricted places, and if required to punish whomever will have smoked in the protected places.” For commercial aircraft specifically, the order identifies the “general terms of transport of the International Air Transport Association (IATA)” as authorizing transport company employees “to take all the necessary measures, including constraining, refusing to transport, and the unloading of any passenger who does not respect the laws and regulations.” Aside from this reference to the IATA, the order does not specifically identify the steps that conveyors or other persons in charge should take to require a person to stop smoking.

It is unclear whether penalties apply to conveyors who violate the provisions of the order.

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 take steps to require a person to stop smoking. This duty should apply in the case of all smoke free indoor public places, indoor workplaces, and public transport. In addition, penalties should be imposed upon those persons responsible who fail to take measures to require a person to stop smoking.

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

Any violation of the law results in punishment of six months of imprisonment and a fine of 3 million Djibouti Francs. In the case of repeated offenses, the fine and prison sentence may be doubled.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty follow the law and establishes penalties for failure to do so. However, a broader range of penalties should be provided to conform to the severity of the offense.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

Employers are required to organize training sessions for their employees to make them aware of the requirements of the decree. In addition, employers also must take all precautions to ensure that the exposure of employees to tobacco smoke in places that are not addressed by the decree should be minimized. It is unclear whether penalties would apply to employers who fail to meet these obligations.

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