Gabonese advocate Thanguy NZUE OBAME has shared with us copies of the new tobacco control law, Loi 006/2013 enacted on August 21 2013, about the new tobacco control policies in Gabon ('portant instauration des mesures antitabac en République Gabonaise"). Below are a few immediate comments but a more complete analysis will take more time. Here is the post published on the FCTC site on November 13.
Article 5 deals with health warnings but does not seem to include pictures as the text apparently only refers to the mentions tobacco kills and prohibited for under 18 year olds, that should take 60% of side A and 65% of side B of the packs.
Advertising and sponsoring seem completely prohibited (except on the place of sale), smoking appears prohibited in the places that "welcome public" but what does that mean for workplaces? Article 21 introduces the possibility of smoking rooms for hotels, restaurants, airports, railroad stations: there is an obligation that they are completely closed in and equipped with a separate ventilation system. It still does not seem like a good idea.
Articles 26 to 28 deal with traceability issues to combat smuggling and I leave the analysis to specialists.
Article 38 says that taxes should be 'strong' but does not give more precisions.
Article 40 gives to NGOs devoted to tobacco control the right to sue to enforce the law (as does the French law). Local advocates will have to tell us if the amounts of the fines are adequate while one can wonder about the possibility to fine minors (and their parents) if they are found smoking.
Article 45 deals with the repartition of the taxes and article 48 refers to the creation of a National Commission for Tobacco Control that would be in charge of implementing the law and would get 2% of the taxes. A decree (from the Council of Ministers) will provide precisions about this Commission.
There is a one year waiting period before the law is fully implemented.
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