LANGUAGE
Last updated: December 20th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

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 provides a list of places in which smoking is prohibited. While the list appears to be rather comprehensive, using a list runs the risk of, perhaps inadvertently, failing to list a type of place. In addition, designated smoking areas are permitted in airports. As a result of this exception and because some workplaces might not be captured on the list, 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, without exception, and should define the terms “indoor” and “workplace” in accordance with the FCTC Art. 8 Guidelines.

Law Source, Section

All indoor public places

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 provides a list of places in which smoking is prohibited and includes the catch-all “other in-door premises for public use.” However, designated smoking areas are permitted in airports. As a result of this exception, 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 public places, without exception, and should define the terms “indoor” and “public place” in accordance with the FCTC Art. 8 Guidelines.

Law Source, Section

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking “inside buses, taxis and public transportation.” The term “public transportation,” however, is not defined.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport. To clarify the scope of the ban, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Law Source, Section
Article 10(1)(11)

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in government institutions “and their affiliates,” as well as “government and private in-door premises.”

The laws align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Law Source, Section
Articles 10(1)(1), 10(1)(9)

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in private indoor premises. This is interpreted as prohibiting smoking in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Law Source, Section
Article 10(1)(9)

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in hospitals, clinics, and other healthcare facilities.

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

Law Source, Section
Article 10(1)(2)

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in hospitals, clinics, and other healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Law Source, Section
Article 10(1)(2)

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in hospitals, clinics, and other healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Law Source, Section
Article 10(1)(2)

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in children’s education centers, schools, and madrassas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Law Source, Section
Articles 10(1)(4), 10(1)(7)

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in civil and military educational institutions, children’s education centers, schools, and madrassas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Law Source, Section
Articles 10(1)(4), 10(1)(5), 10(1)(7)

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in universities, civil and military educational institutions, dormitories, schools, and madrassas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Law Source, Section
Articles 10(1)(5), 10(1)(6), 10(1)(7)

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in stores without exception.

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

Law Source, Section
Article 10(1)(14)

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in libraries, exhibition halls, and “other in-door premises for public use.” Taken together, these provisions are interpreted as prohibiting smoking in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Law Source, Section
Articles 10(1)(13), 10(1)(15), 10(1)(16)

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in “in-door premises for public use” and “sports clubs.” Taken together, these provisions are interpreted as prohibiting smoking in all indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums/arenas.

Law Source, Section
Articles 10(1)(10), 10(1)(16)

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in indoor restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants. For greater clarity, the law should define "indoor" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Law Source, Section
Article 10(1)(12)

Bars/pubs/nightclubs

Not Applicable
The listed place does not exist in the country.
Analysis

Alcohol is not legal in Afghanistan; therefore, there are no bars, pubs, or nightclubs.

Casinos

Not Applicable
The listed place does not exist in the country.
Analysis

Gambling is not legal in Afghanistan; therefore, there are no casinos.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

Law Source, Section
Article 10(1)(12)

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Although the law prohibits smoking in hotels, it does not specify whether smoking is prohibited in hotel guest rooms. Therefore, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hotel guest rooms, the law should expressly address areas of hotels that are not considered public.

Law Source, Section
Article 10(1)(12)

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in prisons.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.

Law Source, Section
Article 10(1)(4)

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in buses and public transportation. Although “public transportation” is not defined, this is interpreted as including trains and other means of shared ground transport.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation. To clarify the scope of the ban, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Law Source, Section
Article 10(1)(11)

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law specifically prohibits smoking in taxis.

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

Law Source, Section
Article 10(1)(11)

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking inside public transportation. Although “public transportation” is not defined, this is interpreted as including commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft. To clarify the scope of the ban, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Law Source, Section
Article 10(1)(11)

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking inside public transportation. Although “public transportation” is not defined, this is interpreted as including commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. To clarify the scope of the ban, the law should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Law Source, Section
Article 10(1)(11)

Public transport facilities (waiting areas for mass transit)

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 designated smoking areas in airport terminals. While other public transport facilities are not addressed specifically, the law prohibits smoking in “other in-door premises for public use,” which is interpreted to include other public transport facilities. Because designated smoking areas are permitted in airport terminals, 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 public transport facilities.

Law Source, Section
Articles 10(3), 10(16)

Orphanages

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in orphanages.

Law Source, Section

Gas stations and natural gas sales sites

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking at gas stations and sites where natural gas is sold.

Law Source, Section

Quran-memorization centers, mosques, takia khanas [Shi’a mosques] and mourning halls

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking at Quran-memorization centers, mosques, takia khanas [Shi’a mosques] and mourning halls.

Law Source, Section