Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Alcohol is not legal in Afghanistan; therefore, there are no bars, pubs, or nightclubs.
Gambling is not legal in Afghanistan; therefore, there are no casinos.
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.
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.
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.
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.
The law specifically prohibits smoking in taxis.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.
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.
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.
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.
The law prohibits smoking in orphanages.
The law prohibits smoking at gas stations and sites where natural gas is sold.
The law prohibits smoking at Quran-memorization centers, mosques, takia khanas [Shi’a mosques] and mourning halls.