Global map of smokefree laws

2009-04-03

Prepared for The Global Smokefree Partnership

April 2009 

Overview

The GLOBAL MAP OF SMOKEFREE LAWS give an overview of the smokefree status of the vast majority of countries that have ratified the FCTC. For each country some or all of the following information is included:

• An overview of smokefree legislation and smokefree initiatives, in particular any plans for implementing Article 8
• Smokefree resources available in 2009 - tobacco control groups, help from NGOs, websites
• Examples of public education materials/implementation or enforcement materials
• Any needs related to implementing smokefree policies
• Any factors that are helping or hindering the implementation of Article 8
• Other countries that have influenced smokefree laws

The information was provided by contacts worldwide in response to e-mail questionnaires sent between 26 January and 27 February 2009. Many respondents sent examples of smokefree resources, ranging from campaign materials to copies of legislation.

Table of contents

1. Region of the Americas
1.1 Countries/subnational jurisdictions planning to enact or implement comprehensive smokefree laws in 2009/2010
1.2  Countries/subnational jurisdictions making progress with smokefree laws – some to a greater degree than others
1.3  Countries with limited or no smokefree laws
1.4  Countries/subnational jurisdictions with established comprehensive smokefree laws
2. African Region
2.1 Countries/subnational jurisdictions planning to enact or implement comprehensive smokefree laws in 2009/2010
2.2  Countries/subnational jurisdictions making progress with smokefree laws – some to a greater degree than others
2.3  Countries with limited or no smokefree laws
2.4  Countries/subnational jurisdictions with established comprehensive smokefree laws
3. South East Asian Region
3.1 Countries/subnational jurisdictions planning to enact or implement comprehensive smokefree laws in 2009/2010
3.2  Countries/subnational jurisdictions making progress with smokefree laws – some to a greater degree than others
3.3  Countries with limited or no smokefree laws
3.4  Countries/subnational jurisdictions with established comprehensive smokefree laws
4. Western Pacific Region
4.1 Countries/subnational jurisdictions planning to enact or implement comprehensive smokefree laws in 2009/2010
4.2  Countries/subnational jurisdictions making progress with smokefree laws – some to a greater degree than others
4.3  Countries with limited or no smokefree laws
4.4  Countries/subnational jurisdictions with established comprehensive smokefree laws
5. Eastern Mediterranean Region 38
5.1 Countries/subnational jurisdictions planning to enact or implement comprehensive smokefree laws in 2009/2010
5.2  Countries/subnational jurisdictions making progress with smokefree laws – some to a greater degree than others
5.3  Countries with limited or no smokefree laws
5.4  Countries/subnational jurisdictions with established comprehensive smokefree laws
6. European Region
6.1 Countries/subnational jurisdictions planning to enact or implement comprehensive smokefree laws in 2009/2010
6.2  Countries/subnational jurisdictions making progress with smokefree laws – some to a greater degree than others
6.3  Countries with limited or no smokefree laws
6.4  Countries/subnational jurisdictions with established comprehensive smokefree laws
7. Other Regions

Categorisation of countries

The countries have been grouped into the six WHO regions, plus two additional territories. Within each region they are subdivided as follows: 

• 1. Countries/subnational jurisdictions planning to enact or implement comprehensive smokefree laws in 2009/2010 - This includes countries that have passed or are expected shortly to pass comprehensive smokefree legislation and are planning to implement it in the next two years. In most cases the legislation bans smoking in all enclosed public places, including bars and restaurants, all workplaces and public transport. Legislation allowing designated smoking rooms and other hospitality exemptions is included in this category as, although it does not represent best practice in line with Article 8 of the FCTC, it offers high levels of protection to most people most of the time. Also included are countries with cities or regions that have plans for comprehensive smokefree laws, even though there may be no concrete plans for legislation at the national level. Many of the countries that have received Bloomberg Initiative funding are listed here, even if the legislation is currently quite weak, as the funding is likely to help strengthen smokefree laws.
• 2. Countries/subnational jurisdictions making progress with smokefree laws (some to a greater degree than others) - This is a very broad category and includes countries that: (i) have announced plans to implement comprehensive laws but have not yet drafted legislation; (ii) have passed legislation but with several exemptions that make it difficult to enforce, suggesting that revisions may be needed in the future; (iii) although they have drafted comprehensive smokefree legislation, it has not progressed due to lack of government commitment, or tobacco industry opposition; (iv) currently have weak legislation but are planning to improve it.
• 3. Countries with limited or no smokefree laws - This includes countries with weak legislation and no concrete plans to improve it. This category is small thanks to global tobacco control efforts.
• 4. Countries/subnational jurisdictions with established comprehensive smokefree laws - This includes all such legislation implemented before the date of this report. It includes countries that ban smoking all enclosed public places and workplaces but allow designated smoking rooms. New initiatives, such as prohibiting smoking in cars with children, are included.

Key points regarding certain regions

Region of the Americas - Good progress continues to be made in many countries in the Americas, in particular in Latin America where a collaborative approach is being adopted to smokefree legislation. Panama, Colombia and Guatemala are the most recent countries to become smokefree and Mexico City is now the largest smokefree city in the Americas. The State of São Paulo in Brazil passed comprehensive smokefree legislation in April 2009, covering a population of 40 million.Canada is also an example of best practice in smokefree legislation, as almost all its provinces and territories have comprehensive smokefree laws. Argentina, in spite of not having ratified the FCTC, now has six smokefree provinces and 16 smokefree municipalities. Local action is also evident in Brazil, which has several smokefree cities.

African Region - Significant progress has been made in some countries, with Kenya and Niger having become smokefree in the past year and Mauritius in March 2009. Nevertheless the lack of funding for NGOs, health professionals and other advocates to become more involved in smokefree initiatives continues to be a problem.

South East Asian Region - India has made very good progress, having implemented smokefree laws in October 2008, though lack of a dedicated enforcement task force is a problem.

Western Pacific - Taiwan has recently adopted comprehensive smokefree laws. Smokefree cities in Indonesia and plans for some in Malaysia show how local action in smokefree can be effective.

Eastern Mediterranean Region - EMRO has developed model legislation for all Arabic-speaking countries which is in line with the FCTC. It is now being considered by all the member states. Plans for comprehensive smokefree laws have been announced in Qatar and Tunisia. Enforcement of smokefree laws is a problem in the region, but good progress is being made in some countries such as Iran, Syria, Jordan and UAE.

European Region - Most of the best practice in smokefree laws is in Europe. The latest example is Turkey which now has established smokefree laws. Less progress has been made in Germany and Switzerland where smokefree laws have recently faced legal challenges.