LANGUAGE
Last updated: September 22nd 2017

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)
 

Post signs

Yes
Fine, Jail
Analysis

The law requires that no-smoking signs are posted in all places where smoking is prohibited. Order No. 2008-492 prescribes the text of the signs and provides a template. However, the law does not identify the person(s) on whom the duty is imposed, despite providing sanctions for the offense. Failure to post signs results in punishment of six months of imprisonment and a fine of 3 million Djibouti Francs. In the case of repeated offenses, the fine and prison sentence may be doubled.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty to post signs and increases penalties for failure to do so. However, the law should identify those people responsible for posting signs. In addition, a broader range of penalties should be provided to conform to the severity of the offense.

Remove ashtrays

No
Analysis

There is no duty imposed upon business owners, employers, and supervisors to remove ashtrays from the premises. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

No
Analysis

There is no general duty imposed upon business owners, employers, and supervisors to take steps to require a person to stop smoking. However, Order No. 2008-492 provides further instructions in the case of public transport. Conveyors must “commit to the goal of ending smoking in restricted places, and if required to punish whomever will have smoked in the protected places.” For commercial aircraft specifically, the order identifies the “general terms of transport of the International Air Transport Association (IATA)” as authorizing transport company employees “to take all the necessary measures, including constraining, refusing to transport, and the unloading of any passenger who does not respect the laws and regulations.” Aside from this reference to the IATA, the order does not specifically identify the steps that conveyors or other persons in charge should take to require a person to stop smoking.

It is unclear whether penalties apply to conveyors who violate the provisions of the order.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to take steps to require a person to stop smoking. This duty should apply in the case of all smoke free indoor public places, indoor workplaces, and public transport. In addition, penalties should be imposed upon those persons responsible who fail to take measures to require a person to stop smoking.

Other

Yes
Analysis

Employers are required to organize training sessions for their employees to make them aware of the requirements of the decree. In addition, employers also must take all precautions to ensure that the exposure of employees to tobacco smoke in places that are not addressed by the decree should be minimized. It is unclear whether penalties would apply to employers who fail to meet these obligations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine, Jail
Analysis

Any violation of the law results in punishment of six months of imprisonment and a fine of 3 million Djibouti Francs. In the case of repeated offenses, the fine and prison sentence may be doubled.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty follow the law and establishes penalties for failure to do so. However, a broader range of penalties should be provided to conform to the severity of the offense.