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Term --FCTC-Based Definition Eritrea
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)

Not Defined
No
Analysis

The law does not contain a definition of "workplace."

A definition of "workplace” should be provided in accordance with the definition supplied in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The law does not contain a definition of "public transport."

A definition of "public transport" should be provided in accordance with the definition supplied 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 “second hand smoke” is not defined, a definition is not necessary for interpretation of the law. The law's smoke free measures provide that "no person shall smoke" in specified places, rather than prohibiting "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)

Not Defined
No
Analysis

The law does not contain a definition of "smoking” or “smoke." 

A definition of "smoking" or "smoke" should be provided in accordance with the definition supplied 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” aligns with the definition contained in the FCTC Art. 8 Guidelines.

To more fully align, the definition should include the language “permanent or temporary” and should not be restricted to enclosed areas.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

The definition of “tobacco product” aligns with the definition provided 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."

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

Not Applicable
Not Applicable
Eritrea
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 or holding a lit tobacco product in any indoor workplace. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given. Also, the law does not apply to workplaces, where the primary business is the sale of alcoholic beverages to the general public.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces, the law should not provide exceptions to the prohibition of smoking in indoor workplaces.

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 or holding a lit tobacco product in any Indoor public place. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given. Also, the law does not apply to public places, where the primary business is the sale of alcoholic beverages to the general public.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places, the law should not provide exceptions to the prohibition of smoking in 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 prohibits smoking or holding a lit tobacco product in all public transport. However, the law allows establishments to designate separate smoking areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport, the law should not provide exceptions to the prohibition of smoking in or on 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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including offices and office buildings as well as public areas, corridors, eating areas, reception areas, elevators, escalators, foyers, stairwells, restrooms, laundry rooms and individual offices. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including government facilities.

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including offices and office buildings as well as public areas, corridors, eating areas, reception areas, elevators, escalators, foyers, stairwells, rest room amenity areas, laundry rooms and individual offices. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including private offices.

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including health institutions. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including health institutions. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including residential healthcare facilities.

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including health institutions. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including non-residential healthcare facilities.

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including any premises that provide childcare. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including childcare facilities and preschools.

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including educational institutions. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including primary and secondary schools.

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including educational institutions. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including universities/vocational facilities.

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

The law prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including retail establishments. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including retail establishments.

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including concert halls, cinemas, publicly owned facilities rented out for events, and any other facilities accessible to the public. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including cultural facilities.

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

The law prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including swimming pools and any other facilities accessible to the public. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including indoor stadiums/arenas.

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

The law prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including restaurants. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including 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 allows smoking in public places where the primary business of the place is to sell alcoholic beverages to the general public for consumption on the premises, including bars, pubs, and nightclubs. 

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and indoor public places, including bars/pubs/nightclubs.

Not Applicable
Not Applicable
Casinos
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 allows smoking in public places where the primary business is for the purpose of entertainment. This provision is interpreted as including casinos. Therefore, the regulatory status code “Smoking is Not Restricted” is given.

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

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including any facilities accessible to the public. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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

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

The law prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place. The law does not define “workplace,” and it’s unlikely that private guestrooms would fall under “public place.” Because the law only addresses public places and workplaces and no other provision of the law directly addresses smoking in hotel guest rooms, the regulatory status code “Uncertain” is given.

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

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 prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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, including public areas of prisons/detention facilities.

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 prohibits smoking or holding a lit tobacco product in any means of transportation used for commercial, public or professional purposes and used by more than one person. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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

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 prohibits smoking or holding a lit tobacco product in any means of transportation used for commercial, public or professional purposes and used by more than one person. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport, including taxis.

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 prohibits smoking or holding a lit tobacco product in any means of transportation used for commercial, public or professional purposes and used by more than one person. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport, including 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 prohibits smoking or holding a lit tobacco product in any means of transportation used for commercial, public or professional purposes and used by more than one person. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport, including commercial watercraft.

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

The law prohibits smoking or holding a lit tobacco product in any indoor workplace and indoor public place, including public transportation facilities. However, the law allows establishments to designate separate smoking areas. Therefore, the regulatory status code “Smoking is Restricted” is given.

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

Not Applicable
Not Applicable
Eritrea
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
Eritrea
Post signs
Yes
Yes
Analysis

Signs must be posted in all indoor workplaces and public places to indicate that they smoke free. Any person found guilty of failing to enforce the smoke-free policy applicable to the facility under his or her responsibility, including the posting of prescribed signs, is subject to a fine not exceeding Nakfa 2000 (two thousand Nakfa).

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs. To more fully align, the law should provide for increasing fines for repeated violations.

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 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

Any person found guilty of failing to enforce the smoke-free policy applicable to the facility under his or her responsibility, including the posting of prescribed signs, is subject to a fine not exceeding Nakfa 2000(two thousand Nakfa).

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty to take steps to require a person to stop smoking. To more fully align, the law should provide for increasing fines for repeated violations.

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

Any person found guilty of smoking in a place where smoking is prohibited is subject to a fine not exceeding 100 Nakfa (one hundred Nakfa).

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to not smoke where prohibited. To more fully align, the law should provide for increasing fines for repeated violations.

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