1. In accordance with FCTC Guidelines on Article 8, the following key terms associated with exposure to environmental tobacco smoke are defined in the law: public place, public conveyance, workplace, indoor area and smoking.
2. The definition of public place is broad enough to include most public places. No systematic listing of smoke-free public places has been carried out in the legislation, with the exception of a few, in order to eliminate the risks of excluding some of them.
3. The term “second-hand smoke” is not defined in the law as required by the FCTC Guidelines on Article 8.
4. In accordance with FCTC Guidelines on Article 8, smoking is banned in indoor workplaces, public transport, indoor public places and other public places. However, smoking is allowed on beaches and designated smoking areas in workplaces.
5. Smoking is also banned while preparing, serving and selling food on any public premises and while driving or traveling in a private vehicle carrying passengers
6. Information campaigns are carried out to raise awareness of the public and others, in accordance with FCTC Guidelines on Article 8.
7. Although the tobacco legislation does not identify the authority responsible for enforcement, other legislations give the power of enforcement to the Health Inspectorate cadre of the Ministry of Health and to the Police. This is in conformity with FCTC Guidelines on Article 8.
8. In accordance with FCTC Guidelines on Article 8, an enforcement plan is being implemented to increase compliance to the smoke-free legislation. Strategies include empowerment of the enforcement team, a mass media campaign, distribution of awareness materials, development of an enforcement protocol, creation of a website and sensitization activities for businesses and other target groups.
9. In accordance with FCTC Guidelines on Article 8, the enforcement protocol details out the monitoring of compliance to the smoke-free regulations. Monitoring tools have been developed to allow collection of data and assess compliance level.
10. In accordance with FCTC Guidelines on Article 8, the duties of a responsible person or owner of a public place are clearly defined in the law. He/She is required to take reasonable steps to prevent smoking which include:
- ask the person to stop smoking;
- ask him to leave if he does not stop smoking;
- call the police if he does not stop smoking or leave the place.
11. The law makes it mandatory for the responsible person or owner of a public place to affix “No Smoking” signs in conspicuous locations as prescribed by the law.
12. In conformity with FCTC Guidelines on Article 8, penalties in the form of fines or imprisonment are imposed for violations of the law. However, penalties are the same for all categories of offenders and violations.
13. In conformity with FCTC Guidelines on Article 8, complaints from the public will soon be accepted and attended to through the operation of a hotline.
Assessment of level of compliance:
Compliance to the smoke-free legislation ranges from high to satisfactory in many public places and low in some others. For example, it is high and self-enforcing in public transport and low in prisons. Smoking in hotels, bars, nightclubs and restaurants can still be observed although it is not widespread.
Recommended actions to improve compliance of national law to Article 8 of FCTC:
- Define “second-hand smoke”
- Amend the Occupational Health Act and the tobacco regulations of 2008 to ban smoking in designated areas in the workplace.
- Give high priority to enforcement of smoke-free legislation to increase compliance.
- Devise specific smoke-free strategies for low-compliance places like prisons.
- Introduce graded penalties based on the gravity of the offence and the category of the offender.
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