LANGUAGE
Last updated: October 4th 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 prohibits smoking in enclosed places accessible to the public in which services are provided to the public. The law also prohibits smoking in places where children and the elderly are taken in and cared for, healthcare establishments, educational facilities, and cultural and athletic facilities. This is interpreted as including many workplaces. However, smoking is allowed in reserved areas of bars and restaurants. Because bars and restaurants are workplaces for some, smoking is not prohibited in all workplaces.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

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 prohibits smoking in enclosed places accessible to the public in which services are provided to the public. The law also prohibits smoking in places where children and the elderly are taken in and cared for, healthcare establishments, educational facilities, and cultural and athletic facilities. However, smoking is allowed in reserved areas of bars and restaurants.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places to be 100% smoke free.

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 on all public transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport.

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 any enclosed public place where services are provided to the public, whether for payment or otherwise. The law is interpreted as including most government facilities in the ban. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to government facilities.

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 restricts smoking in certain places accessible to the public. As private offices are not intended for public access, the regulatory status “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.
Analysis

The law prohibits smoking, among other places, in places where “preventive care or medical treatment is administered," which includes hospitals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to hospitals.

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, among other places, in places where “preventive care or medical treatment is administered" as well as places where people who are ill or elderly are taken in and cared for. This is interpreted as including the public areas of residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to residential healthcare facilities.

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, among other places, in places where “preventive care or medical treatment is administered" which includes non-residential healthcare facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to non-residential healthcare facilities.

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, among other places, in places where “children or young people of school age are taken in, housed and cared for” which includes childcare facilities and preschools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

The law prohibits smoking, among other places, in places where “instruction and/or professional training are given” which includes primary and secondary schools. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

The law prohibits smoking, among other places, in places where “instruction and/or professional training are given” which includes universities and vocational facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to universities and vocational facilities.

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 any enclosed public place where services are provided to the public, whether for payment or otherwise. The law is interpreted as including shops.

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

The law prohibits smoking in any enclosed public place where services are provided to the public, whether for payment or otherwise as well as in places where “exhibits are organized.” The law is therefore interpreted as including cultural facilities.

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

The law prohibits smoking in any enclosed public place where services are provided to the public, whether for payment or otherwise as well as in places where sports are practiced. Therefore, the law includes indoor stadiums and arenas.

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

The law allows the creation for a clearly demarcated smoking section in eating and drinking establishments. The smoking section must be in a ventilated place and may not take up more than half of the establishment’s total enclosed surface area.

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

The law allows the creation for a clearly demarcated smoking section in eating and drinking establishments. The smoking section must be in a ventilated place and may not take up more than half of the establishment’s total enclosed surface area.

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

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

We understand that there are very few casinos in the Democratic Republic of Congo and we do not have enough information to evaluate the regulatory status of casinos throughout the country. Also, the law prohibits smoking in any enclosed public place where services are provided to the public, whether for payment or otherwise, which could include a casino. On the other hand, the law allows the creation for a clearly demarcated smoking section in eating and drinking establishments, which could also include a casino. Therefore, the regulatory status “Uncertain” is given.

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 any enclosed public place where services are provided to the public, whether for payment or otherwise. Therefore, the law includes the public areas of hotels.

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

Hotels/lodgings - guest rooms

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

The law prohibits smoking in any enclosed public place where services are provided to the public, whether for payment or otherwise. It is unclear whether guest rooms in hotels are considered public places under the law and included in the smoking ban. Although the term ‘public places” is not defined, a plain reading suggests that a hotel guest room is not a public place and there is no ban on smoking in workplaces. Accordingly, the law is interpreted to allow smoking in guest rooms of hotels and lodging.

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

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 any enclosed public place where services are provided to the public, whether for payment or otherwise. Therefore, the law includes the public areas of prisons.

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

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 on all public transportation. Therefore, smoking is prohibited on trains, buses and other shared ground transportation.

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

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 prohibits smoking in taxis.

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

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 in commercial aircraft.

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

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 in all public transportation, including boats.

Therefore, smoking in commercial watercraft is prohibited.

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

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 prohibits smoking in enclosed places accessible to the public where services are provided, based on payment or otherwise. The law is interpreted as including public transport facilities as these are places where services are provided. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.