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Last updated: September 14th 2017
Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport
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Regulatory Status
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All indoor workplaces

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 all enclosed public places and the decree clarifies that workplaces are considered enclosed public places. Therefore, smoking in indoor workplaces is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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All indoor public places

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 and decree prohibit smoking in all enclosed public places and the decree provides for a non-exhaustive list of public places where smoking is prohibited. Therefore, smoking in indoor public places is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 3, 5
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all public transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 3,7,8
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces," which specifically includes "government offices." Therefore, smoking is prohibited in all government facilities.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces," which specifically includes health establishments. Therefore, smoking is prohibited in all hospitals.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes health establishments. Therefore, smoking is prohibited in all residential healthcare facilities.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes health establishments. Therefore, smoking is prohibited in all non-residential healthcare facilities.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public places" which includes day care centers, kindergartens, orphanages and childcare facilities. Therefore, smoking is prohibited in all childcare facilities.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes educational institutions and/or facilities for vocational training. Therefore, smoking is prohibited in all primary and secondary schools.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes educational institutions and/or facilities for vocational training. Therefore, smoking is prohibited in all universities and vocational facilities.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces, which by definition includes "all places accessible to the public covered by a roof or surrounded by one or several walls." Thus, smoking is prohibited in shops or stores, as indoor areas open to the public.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which include places of entertainment, shows, cinemas and theaters. Therefore, smoking is prohibited in all cultural facilities.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which include places of entertainment, shows, and establishments intended for the reception, training, lodging of athletes, artists and others. Therefore, smoking is prohibited in all indoor stadiums and arenas.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes places of entertainment, shows, restaurants, cafeterias, bars, discotheques, night clubs, cinemas, theaters and museums. Therefore, smoking is prohibited in all restaurants.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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Bars/pubs/nightclubs

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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes places of entertainment, shows, restaurants, cafeterias, bars, discotheques, night clubs, cinemas, theaters and museums. Therefore, smoking is prohibited in all bars, pubs and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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Casinos

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

As of the date of this review, we understand that there are no casinos in Burkina Faso.

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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 and decree prohibit smoking in all enclosed public places and workplaces, which by definition includes "all places accessible to the public covered by a roof or surrounded by one or several walls." Thus, smoking is prohibited in public areas of hotels, as indoor areas open to the public.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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:

The law and decree prohibit smoking in all enclosed public places and workplaces, which by definition includes "all places accessible to the public covered by a roof or surrounded by one or several walls." Additionally, hotel guest rooms may also be workplaces, as defined in the decree as “all places used by people in the context of paid work or charitable work.” However, given that the decree does not explicitly cover hotel guest rooms, the regulatory status code of “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, smoking should be prohibited in hotel guest rooms.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all enclosed public places and workplaces. The definition of "enclosed public place" includes a non-exhaustive list of places that are "enclosed public spaces" which includes correctional establishments. Therefore, smoking is prohibited in public areas of prisons and detention facilities.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all means of public transportation. The definition of public transportation includes "any vehicle used for the transport of passengers, whether for remuneration or not." The definition of "public transportation" also includes a non-exhaustive list of places that are "public transportation" which includes vehicles, aircraft, canoes and pirogues and trains. Therefore, smoking is prohibited in trains, buses and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to trains, buses and other shared ground transportation.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 7, 8
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all means of public transportation. The definition of public transportation includes "any vehicle used for the transport of passengers, whether for remuneration or not." Therefore, smoking is prohibited in taxis.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 3, 6, 7
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all means of public transportation. The definition of public transportation includes "any vehicle used for the transport of passengers, whether for remuneration or not." The definition of "public transportation" also includes a non-exhaustive list of places that are "public transportation" which includes vehicles, aircraft, canoes and pirogues and trains. Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to commercial aircraft.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 3, 4, 5, 6, 8
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 and decree prohibit smoking in all means of public transportation. The definition of public transportation includes "any vehicle used for the transport of passengers, whether for remuneration or not." The definition of "public transportation" also includes a non-exhaustive list of places that are "public transportation" which includes vehicles, aircraft, canoes and pirogues and trains. Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard commercial watercraft.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 3, 4, 5, 6, 8
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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Public transport facilities (waiting areas for mass transit)

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 and decree prohibit smoking in all enclosed public places and workplaces, which by definition includes "all places accessible to the public covered by a roof or surrounded by one or several walls." Thus, smoking is prohibited in public transport facilities, as indoor areas open to the public.

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

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 3, 4, 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27
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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 all enclosed public places and the decree clarifies that all workplaces are considered enclosed public places. Therefore, smoking in indoor private offices is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor private offices.

Law SourceArticle Number
Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation Arts. 5, 6
Law No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree No. 2010-823) Art. 27