Duties / Penalties
Decree No. 01-285 requires posting prominent signs regarding the prohibition on smoking and the location of designated smoking areas. Failure to post such signs results in administrative sanctions on institutions, businesses, and other establishments which include temporary suspension of business licenses and disciplinary sanctions on employees which include warnings or suspensions from one to three days.
In sports and youth centers and youth hostels, among other places under the authority of the Ministry of Youth and Sports, the law requires posting signs designating no smoking and the location of smoking areas. Such signs must be either a pictogram or a poster. The poster must have “No Smoking” centered and in black on a white background and be a minimum of 20cm by 30cm. Failure of school heads to post such signage results in administrative sanctions in the form of a temporary suspension of licensure.
Hospitals and healthcare institutions also must display signs prohibiting smoking that are prominently visible and legible in Arabic and French. Such signs must be posted at entrances and other places and common areas and be accompanied by health messages regarding the harmful effects of tobacco. Instruction No. 10 regarding health institutions further calls for the sanctions imposed by Decree No. 01-285 to be integrated into the internal regulations of healthcare institutions.
Other ministries have also issued orders specifying signage requirements.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to requiring signs and imposing penalties for failure to post signs. To more fully align, however, the law should address the size and text of all signage relating to the prohibition of smoking in enclosed workplaces, enclosed public places, and public transport.
Hospitals and healthcare institutions must remove ashtrays, but there is no duty imposed on owners, employers, or supervisors to undertake such actions.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners, employers, and supervisors to remove ashtrays in all indoor public places, workplaces and public transport.
The law does not require a business owner, employer, or supervisor to take steps to require a person to stop smoking.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on a business owner, employer, or supervisor to take such steps.
Decree No. 01-285 provides that sanctions imposed as a result of violations of the Decree must be articulated in the internal regulations of establishments. The Decree does provide for disciplinary sanctions on employees who contravene the Decree. Such sanctions include warnings or suspensions from one to three days. Instruction No. 10 regarding health institutions further calls for the sanctions imposed by Decree No. 01-285 to be integrated into the internal regulations of healthcare institutions.
The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not includes sanctions for all persons found smoking where prohibited, instead only imposing sanctions via internal regulations of establishments. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a fine upon any smoker who smokes in any place where smoking is prohibited.