LANGUAGE
Last updated: September 17th 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

Decree No. 01-285 prohibits smoking in educational, health, athletic and cultural facilities. Smoking further is restricted in parts of workplaces intended for groups of workers, including greeting, reception, dining, and meeting areas and workplace health and medical facilities, and designated smoking areas are permitted. (In other parts of workplaces, smoking is allowed.) Smoking also is restricted and designated smoking areas are permitted in other various public places where workers work.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.

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

Decree No. 01-285 prohibits smoking in educational, health, athletic and cultural facilities. Smoking further is restricted in parts of workplaces intended for groups of workers, including greeting, reception, dining, and meeting areas and workplace health and medical facilities, and designated smoking areas are permitted. (In other parts of workplaces, smoking is allowed.) Smoking also is restricted and designated smoking areas are permitted in other various public places.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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.

All public transport

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

Smoking is restricted and designated smoking areas are permitted in public transport. It is unclear, however, how smoking areas that meet the ventilation requirements can be implemented in certain means of public transport (e.g., taxis, buses, aircraft).

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport. The law further should contain a definition of “public transport” in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Government facilities

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

Decree No. 01-285 does not specifically address smoking in government facilities. The Decree does prohibit smoking in educational, health, athletic, and cultural facilities. Smoking further is restricted in parts of workplaces intended for groups of workers, including greeting, reception, dining, and meeting areas and workplace health and medical facilities, and designated smoking areas are permitted. Smoking also is restricted and designated smoking areas are permitted in other various public places. As smoking areas are permitted in some places interpreted as government facilities, the regulatory status “Smoking is Restricted” is given.

Individual government sectors, such as the Ministry of Justice and the Ministry of Commerce, have issued orders implementing the smoking ban within facilities for which they are responsible.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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 indoor workplaces, including government facilities.

Private offices

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Decree No. 01-285 restricts smoking in parts of workplaces intended for groups of workers, including greeting, reception, dining, and meeting areas and workplace health and medical facilities, and designated smoking areas are permitted. As private offices are not intended for groups of workers, the regulatory status of “Smoking is Not Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including private offices.

Hospitals

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

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.

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.

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

Decree No. 01-285 prohibits smoking in educational institutions.

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

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

Decree No. 01-285 and Order 2002 from the Ministry of Youth and Sports prohibit smoking in educational institutions and sports schools.

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

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

Decree No. 01-285 and Order 2002 from the Ministry of Youth and Sports prohibit smoking in educational institutions and sports schools.

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

Shops

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

Decree No. 01-285 does not specifically address smoking in shops. Smoking is restricted in parts of workplaces intended for groups of workers, including greeting, reception, dining, and meeting areas and workplace health and medical facilities, and designated smoking areas are permitted. As shops are workplaces, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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 indoor workplaces, including shops.

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

Decree No. 01-285 and orders from the Ministry of Youth and Sports and the Ministry of Communications and Culture prohibit smoking in cultural facilities such as museums, theaters, libraries, and cultural centers.

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

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

Decree No. 01-285 and Order 2002 of the Ministry of Youth and Sports prohibit smoking in athletic facilities and sports complexes.

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

Restaurants

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

Decree No. 01-285 and Order 2002 of the Ministry of Youth and Sports restrict smoking to designated smoking areas in commercial establishments where food and beverages are consumed on site.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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 restaurants.

Bars/pubs/nightclubs

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

Decree No. 01-285 and Order 2002 of the Ministry of Youth and Sports restrict smoking to designated smoking areas in commercial establishments where food and beverages are consumed on site.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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 bars, pubs, and nightclubs.

Casinos

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

We understand that there are no casinos in Algeria.

Hotels/lodging - public areas

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

Decree No. 01-285 does not specifically address smoking in hotels. Smoking is restricted in parts of workplaces intended for groups of workers, including greeting, reception, dining, and meeting areas and workplace health and medical facilities, and designated smoking areas are permitted. As hotels are workplaces, the regulatory status “Smoking is Restricted” is given. The Ministry of Youth and Sport’s Order 2002 further prohibits smoking in youth hostels and youth camps.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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 indoor workplaces, including the public areas of hotels.

Hotels/lodgings - guest rooms

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

Decree No. 01-285 does not specifically address smoking in hotels. Although smoking is restricted and designated smoking areas are permitted in parts of workplaces, hotel guest rooms are not areas subject to restriction. Pursuant to the Ministry of Youth and Sport’s Order 2002, however, smoking in all parts of youth hostels and youth camps is prohibited.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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 indoor workplaces, including guest rooms of hotels.

Prisons/detention facilities - public areas

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

Decree No. 01-285 does not specifically address smoking in prisons. Smoking is restricted in parts of workplaces intended for groups of workers, including greeting, reception, dining, and meeting areas and workplace health and medical facilities, and designated smoking areas are permitted. As prisons are workplaces, the regulatory status “Smoking is Restricted” is given.

In addition, an order from the Ministry of Justice prohibits smoking in public areas in penitentiaries, including those for minors. However, the order also states that designated areas are to be made available to smokers if there are no courtyard or other open areas smokers can utilize.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including prisons.

Law Source, Section
Ministry of Justice Order Laying Down the Rules for the Application of the Smoking Ban in Institutions in the Justice Sector
Arts. 2, 3

Trains, buses and other shared ground transportation other than taxis

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

Decree No. 01-285 restricts smoking and permits designated smoking areas in “public transportation on roads, railroads, on the sea and in the air.” The Decree further establishes specific ventilation requirements for the smoking areas. However, as it appears impossible to establish a smoking area in a bus that meets the ventilation standards, the regulatory status of “Uncertain” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of public transport, including trains, buses and other shared ground transportation.

Taxis (for-hire vehicle)

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

Decree No. 01-285 restricts smoking and permits designated smoking areas in “public transportation on roads, railroads, on the sea and in the air.” The Decree further establishes specific ventilation requirements for the smoking areas. However, as it appears impossible to establish a smoking area in a taxi that meets the ventilation standards, the regulatory status of “Uncertain” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of public transport, including taxis.

Commercial aircraft

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

Decree No. 01-285 restricts smoking and permits designated smoking areas in “public transportation on roads, railroads, on the sea and in the air.” The Decree further establishes specific ventilation requirements for the smoking areas. However, as it appears impossible to establish a smoking area in an airplane that meets the ventilation standards, the regulatory status of “Uncertain” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of public transport, including commercial aircraft.

Commercial watercraft

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

Decree No. 01-285 restricts smoking and permits designated smoking areas in “public transportation on roads, railroads, on the sea and in the air.” The Decree further establishes specific ventilation requirements for the smoking areas.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of public transport, including commercial watercraft.

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

Decree No. 01-285 restricts smoking and permits designated smoking areas in “waiting rooms and zones.” The Decree further establishes specific ventilation requirements for the smoking areas.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. 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 indoor workplaces, including public transportation facilities.