FCTC Compliance in Africa

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Framework Convention on Tobacco Control (FCTC): Compliance in Africa

The Framework Convention on Tobacco Control, which came into force in 2005, establishes evidence-based tobacco control measures that parties to the treaty are legally obliged to implement.
Despite evidence that the FCTC has led to significant progress in tobacco control worldwide,1 progress in compliance on the African continent has been modest at best, with lamentable progress in tobacco control. As detailed below, to date 44 of 47 countries in the African region are party to the treaty, yet none have managed to fully implement FCTC compliant legislation.
The table below tracks FCTC ratification in African countries; current tobacco control laws in these countries;reported smoking prevalence rates; and how long these countries have been working towards progressive tobacco control legislation.
(Note- This table was last updated in October 2015).

  • See Africa for information on tobacco industry interference and tobacco control in Africa.
Country Year of FCTC Ratification FCTC Compliant Legislation (Y/N) No. of years actively working towards FCTC compliant legislation23 Years in which country has reported to the FCTC Secretariat on implementation4 Currently enacted tobacco control legislation5 Male smoking prevalence (%) 3 Female smoking prevalence (%) 3
Algeria 30-Jun-06 N 9 2010, 2012, 2014 Law No. 85-05 on Protection and Promotion of Health – February 16, 1985; Ministry of Health and Population Order No. 24 on the Establishment of the National Medical Committee on Tobacco Control – 15 July 1999;Executive Decree No. 01-285 Determining the Public Places Where the Use of Tobacco is Prohibited, and the Procedures for the Implementation of this Prohibition – 24 September 2001; Executive Decree No. 01-396 Concerning Regulation of Activities Involving the Manufacture and Distribution of Tobacco – 9 December 2001; Ministry of Health and Population Instruction No. 001 on Implementation of Provisions of Executive Decree No. 01-285 – 10 March 2002 – Ministry of Youth and Sports Administrative Order Setting the Specific Terms for the Implementation in the Domain of Youth and Sports of the Provisions of Executive Decree No. 01-285 – 15 September 2002; Ministry of Communication and Culture Administrative Order Making Areas Available to Smokers in Certain Places in the Sector for Communication and Culture Where the Use of Tobacco Products Is Prohibited – 6 April 2003; Executive Decree No. 04-331 Concerning Regulation of Activities Involving the Manufacture, Importation, and Distribution of Tobacco Products – 18 October 2004; Instruction No. 1437 on the Implementation of Executive Decree No. 01-285 – 11 June 2005; Presidential Decree No. 06-120 regarding Ratification of the Framework Convention on Tobacco Control – 12 March 2006; Ministerial Circular No. 020 Concerning the Implementation of Executive Decree No. 01-285 – 23 May 2007; Ministry of Public Health and Hospital Reform Instruction No. 1035 on the Implementation of Provisions of Executive Decree No. 01-285 – 2 June 2007; Ministerial Instruction No. 10 of December 4, 2014 Prohibiting Smoking in Health Facilities: “Tobacco-Free Hospitals” – 4 December 2014 27 2.5
Angola 20-Sep-07 N N/A N/A N/A N/A N/A
Benin 02-Nov-05 N 9 2010, 2014 Law No. 2006-12 Concerning Regulation of the Production, Commercialization and Consumption of Cigarettes and Other Tobacco Products – Auguest 2006; Decree No. 2009-702 Concerning Organisation of Control of the Production, Importation, Commercialization and Consumption of Cigarettes and Other Tobacco Products – 31 December 2009; Interministerial Order No. 019 Specifying the ISO Standards Regarding the Production, Commercialization and Consumptions of Cigarettes and Other Tobacco Products – 24 Many 2011; Interministerial Order No. 020 Setting the Terms for the Use of Cigarettes and Other Tobacco Products by Smokers in Places for Shared Use – 24 May 2011 16 1.7
Botswana 31-Jan-05 N 8 2007, 2012 Penal Code – 10 June 1964; Customs and Excise Duty – 17 June 1970; Public Health Act – 30 January 1981; Control of Smoking Act 1992 – 1 July 1993; Trade Act – 1 April 2001 N/A N/A
Burkina Faso 31-Jul-06 N 6 2009, 2012, 2014 Raabo No. AN-V-0081 of 28 February 1988 Concerning the Regulation of Advertising and Places for Tobacco Consumption – 28 Febuary 1988; Law No. 23/94/ADP of 19 May 1994, Public Health Code, Chapter VII (excerpts) – 19 May 1994; Law No. 025-2001/AN of 25 October 2001 Concerning the Code of Advertising – 25 October 1991; aw No. 040-2010/Concerning Tobacco Control in Burkina Faso (as promulgated by Decree N° 2010-823) – 25 November 2011; Decree No. 2011-1051/Concerning the Packaging and Labeling of Tobacco Products – 30 December 2011; Decree No. 2011-1052/Concerning the Ban on Smoking in Public Places and Public Transportation – 30 December 2011; Decree No. 2011-1050, Establishing a National Committee for Tobacco Control – 30 Deceber 2011 24.5 0.1
Burundi 22-Nov-05 N 6 2009, 2012 Decree No. 630/3007/CAB/2011 on Health Warnings and Prohibiting the Sale of Cigarettes to Minors and in Certain Public Places October 10, 2011 N/A N/A
Cameroon 03-Feb-06 N 10 2009, 2012, 2014 Ministry of Public Health Decision No. 0222 Prohibiting Smoking in Ministry Buildings – November 8, 1988; Law No. 88/016 of 16 December 1988 Governing Advertising in Cameroon- December 16, 1988; Order No. 0016 on Health Warnings on Tobacco Product Packaging – June 8, 1999;Law No. 2006/018 of 29 December 2006 Governing Advertising in Cameroon – December 29, 2006; Ministry of Economy and Finances Circular No. 07/788 on Prohibiting Smoking in Ministry Buildings -June 15, 2007; Ministry of Public Health and Ministry of Commerce Order No. 967 on Health Warnings on Tobacco Product Packaging – June 25, 2007; Ministry of Secondary Education Circular No. 15/07 on Creating Non-Smoking Areas and Anti-Smoking Clubs in Schools – September 11, 2007; Ministry of Public Health Announcement of Ministerial Order No. 967 on Health Warning on Tobacco Product Packaging – June 2, 2008; Ministry of Higher Education Circular on Tobacco Control in the Central Services of the Ministry of Higher Education and Public Academic Institutions – July 11, 2012 15.2 0.7
Cape Verde 04-Oct-05 N N/A Law No. 119/IV/95, Which defines the conditions for dissuasion and restriction of use of tobacco -28 Febuary 1999 N/A N/A
Central African Republic 07-Nov-05 N 6 2010, 2012 Law No. 0304 on Hygiene (excerpts) – 20 Jauary 2003; Finance Law 2009 (excerpt on Value-Added Tax) – 2009 N/A N/A
Chad 30-Jan-06 N 6 2009 Interministerial Order No. 023/MICA/MSP/MF on Marking Packages of Cigarettes Manufactured, Imported, or Sold in Chad – January 26, 2000; Ministry of Economy and Finances Order No. 357 on Excise Duty Rates -January 1, 2005; Law No. 010/PR/2010 on Tobacco Control – June 10, 2010; Administrative Order No. 039 PP/PM/MSP/SE/SG/DGAS/DSPELM/15 Concerning Regulation of Packaging and Labelling of Tobacco Products in the Republic of Chad – November 10, 2015 N/A N/A
Comoros 24-Jan-06 N 6 2009, 2010, 2012 Ministry of Health Order No. 018 Concerning the Prohibition of Smoking in All Means of Public Transport, as well as Advertising for Tobacco May 24, 2010 – Amendments to the Tobacco Control Act March 28, 2011 – Law No. 11-002/AU of 27 March 2011 on Tobacco Control (as promulgated by Decree No. 11-140/PR) July 14, 2011 – Ministry of Health Order No. 13-012 on Provisions for the Implementation of the Law of March 27, 2011 on Tobacco Control April 10, 2013 – Ministry of Health Order No. 13-013 on the Establishment, Composition, and Functions of the National Committee and Regional Committees for Tobacco Control April 10, 2013 – Interministerial Administrative Order No. 13-019 on Provisions on Points of Sale for Tobacco Products April 27, 2013 N/A N/A
Congo 06-Feb-07 N 6 2009, 2012, 2014 Ministry of Health Memo No. 00392 on Advertising -24 October 2006; Law No.12-2012 on Tobacco Control -4 July 2012 13 1.3
Cote d’Ivoire 13-Aug-10 N 4 2012, 2014 Decree No. 65-74 on Labeling – March 6, 1965; Decree No. 79-477 of 6 June 1979 Prohibiting Smoking in Certain Public Places – June 6, 1979; Decree No. 92-487 on Labeling and Packaging of Food Products – August 26, 1991; Voluntary Code of Cigarette Advertising – September 21, 1995; Interministerial Order No. 24 on Health Warnings – January 19, 1998; Circular No. 981 on Warnings – May 12, 1998; Interministerial Order No. 047 Amending Order No. 24 on Health Warnings – June 26, 1998; Ordinance No. 2000-740 of 4 October 2000 on the Specific Tax on Tobacco – October 4, 2000 36.3 9.3
Democratic Republic of the Congo 28-Oct-05 N 8 2009, 2013 Departmental Administrative Order 04/DIP/005/90 setting the criteria for the assessment of advertising for tobacco and alcoholic beverages – April 21, 1990; Ministerial Administrative Order No. 1250 on the prohibition of smoking in the outbuildings, facilities and offices of the Ministry of Health – 2000; Ministerial Administrative Order No. 04/MCP/009/2002 of October 15, 2002, amending and completing Ministerial Administrative Order No. 04/DIP/005/90 of April 21, 1990, setting the criteria to be applied to advertising for tobacco and alcoholic beverages – October 15, 2002; Ministerial Administrative Order No. 008/CAB/MIN.INFO.PRES & COM.NAT./2007 of July 9, 2007 amending and completing Ministerial Administrative Order No. 04/MCP/009/2002 of October 15, 2002, setting the criteria for assessing advertising for tobacco and alcoholic beverages as amended to date – July 9, 2007; Administrative Order N°1250/CAB/MIN/SP/O10/AQ/2007 of July 19, 2007, Bearing On Measures Applicable to the Use and Consumption of Tobacco, Tobacco Products and Derivatives – July 19, 2007; Ministerial Order No. 1250/CAB/MIN/SP/020/JT/2007 of December 28, 2007 Modifying and Supplementing Ministerial Order No. 1250/CAB/MIN/SP/O10/AQ/2007 of July 19, 2007 – December 28, 2007; Circular No. 1251/SG/1181/2008 of May 16, 2008, Concerning Procedures for the Implementation of Ministerial Administrative Order No. 1250/CAB/MIN/SP/O10/AQ/2007 of July 19, 2007 – May 16, 2008 N/A N/A
Equatorial Guinea 17-Sep-05 N N/A N/A N/A N/A
Ethiopia 21-Jan-14 N 1 N/A Proclamation No. 181/1999 to Provide for the Transfer of the Monopoly Right of the National Tobacco Enterprise to the National Enterprise (Ethiopia) Share Company -18 November 1999; Proclamation No. 533/2007 on Broadcasting Service – 23 July 2007; Proclamation No. 661/2009 to Provide for Food, Medicine and Health Care Administration and Control – 13 January 2010; Proclamation No. 759/2012 on Advertisement – 27 August 2011; Food, Medicine and Health Care Administration and Control Council of Ministers Regulation No. 299/2013 – January 24, 2014; Tobacco Control Directive No. 28/2015 – 21 April 2015 N/A N/A
Gabon 20-Feb-09 N 3 2012, 2014 N/A N/A N/A
the Gambia 18-Sep-07 N 5 2010, 2012, 2014 Tobacco Products (Control of Advertisements) Act, (No. 6) 1997 – November 4, 1997; Prohibition of Smoking (Public Places) Act (No. 3) 1998 September 23, 1998; Close Tobacco Products (Ban on Advertisements) Act, 2003 November 5, 2003 31.3 1
Ghana 29-Nov-04 N 9 2010, 2012, 2014 Customs and Excise (Duties and Other Taxes) (Amendment) Act – 2007 June 28, 2007; Public Health Act, 2012 (Act 851)- October 9, 2012; Food and Drugs Authority Guidelines for the Labelling of Tobacco Products – March 1, 2013 7.5 0.4
Guinea 07-Nov-07 N N/A N/A N/A N/A N/A
Guinea-Bissau 07-Nov-08 N N/A N/A N/A N/A N/A
Kenya 25-Jun-04 N 9 2009, 2012, 2014 Tobacco Control Act, 2007 – October 8, 2007; Finance Act, 2012 – January 1, 2012 19.6 1
Lesotho 14-Jan-05 N 6 2009, 2010, 2012, 2014 Ministry of Health Social Welfare Internal Circular Notice No. 9 of 2000 on Smoking Ban in Health Facilities – 18 December 2000; Government Secretary Circular Notice No. 1 of 2001 on the Prohibition of Smoking of Tobacco Products in Government Offices – 5 July 2001 N/A N/A
Liberia 18-Sep-09 N N/A N/A N/A N/A N/A
Madagascar 22-Sep-04 N 8 2007, 2012, 2014 Interministerial Order No. 18171 Laying Down the Rules on Industrialization, Importation, Marketing Consumption of Tobacco Products in Madagascar – 20 Jan 2004; Decree No. 2010-1008 Concerning Packaging Labeling of Tobacco Products for Sale in Madagascar – 14 December 2010; Interministerial Order No. 14.762/2012 Setting the Procedures for the Implementation of Decree No. 2010-1008 – 1 October 2012; Administrative Order No. 23994/2014 Amending Supplementing Certain Provisions in Administrative Order No. 14.762/2012 – 23 Jan 2015 28.5 0.8
Mali 19-Oct-05 N 7 2009, 2012, 2014 Law No. 96-041 Imposing Restrictions on Advertising Smoking – August 7, 1996; Decree No. 97-162/P-RM Prescribing Rules for the Implementation of Law No. 96-041 – 7 May 1997; Ministry of Economics Finance, General Directorate of Customs, Circular No. 05-0012, Updating the Common External Tariff – March 17, 2005; Law No. 10-033 of July 12, 2010 on the Sale Consumption of Tobacco Products – July 12, 2010; Decree No. 2012-343 Determining the Procedures for Implementation of Law No. 10-033 of July 12, 2010, Concerning the Sale Consumption of Tobacco Products – 27 June 2012 24.5 2.72
Mauritania 28-Oct-05 N 10 2009, 2012, 2014 Ministry of Health Social Affairs Circular No. 00125 on Smoke-free Ministry Facilities – 9 March 2005 34.1 5.7
Mauritius 17-May-04 N 10 2007, 2010, 2014 Public Health Act of 1925 (as amended) – December 31, 1925; Consumer Protection (Price Supplies Control) Act 1998 – July 28, 1998; Occupational Safety Health Act 2005 – October 28, 2005; Public Health (Restrictions on Tobacco Products) (Amendment) Regulations 2009 – May 30, 2009; Public Health (Restrictions on Tobacco Products) Regulations 2008 – June 1, 2009; Public Health (Restrictions on Tobacco Products) (Amendment No. 2) Regulations 2009 – September 9, 2009 4.4 3.7
Namibia 07-Nov-05 N 6 2009, 2010 Regulations under the Tobacco Products Control Act, Government Notice No. 35 of 2014 – 27 March 2014; Tobacco Products Control Act, 2010 – 1 April 2010 N/A N/A
Niger 25-Aug-05 N 10 2009, 2012 Ministry of Trade, Transport & Tourism Order No. 042 Regulating Tobacco Products Advertising – October 9, 1992; Order No. 004 on Warnings Labels on Tobacco Products – January 5, 1996; Law No. 2006-12 on Tobacco Control – May 15, 2006; Resolution No. 0004 on the Creation of the Parliamentarian Tobacco Control Network – May 21, 2007; Deliberation No. 003 Concerning the Creation of the Network of Members of Parliament for Tobacco Control -May 21, 2007; Decree No. 2008-223 Establishing the Modes of Enforcement of No. 2006-12 Relative to Tobacco Control – July 17, 2008; Ministry of Public Health Order No. 261 Regulating the Content, Packaging Labelling of Tobacco Products – June 28, 2012; Ministry of Public Health Ministry of Commerce Order No. 260 Concerning the Opening Operation of Points of Sale of Tobacco – June 28, 2012; Joint Administrative Order No. 441 Concerning the Opening Operation of Points of Sale for Tobacco Products in Niger – December 2, 2013; Joint Administrative Order No. 442 Regulating the Composition, Packaging Labelling of Tobacco Products in Niger – December 2, 2014 N/A N/A
Nigeria 20-Oct-05 N 6 2009, 2014 Tobacco Smoking (Control) Decree (No. 20) 1990 – June 25, 1990; Tobacco Smoking (Control) Act (1990 No. 20) – October 1, 1990; A Law to Prohibit the Advertisement of Cigarette Other Tobacco-Related Products (2002, No. 4) – March 20, 2002; Nigerian Industrial Stard (NIS) 463:2014, Stard for Tobacco Products – Specifications for Cigarettes – 2014; National Tobacco Control Act, 2015 – May 26, 2015 7.3 0.4
Rwanda 19-Oct-05 N 10 2009, 2012 Instructions of the Minister of Health No. 20/10 of 10/05/2005 Relating to the Protection of Non-Smokers Environment Against Damages Bad Consequences of Tobacco May 10, 2005 – Close Law No. 08/2013 of 01/03/2013 Relating to the Control of Tobacco April 8, 2013 N/A N/A
Sao Tome and Principe 12-Apr-06 N N/A 2010, 2012, 2014 N/A N/A N/A
Senegal 27-Jan-05 N 8 2007, 2012, 2014 Ministry of Public Health Order No. 6226 Establishing a National Committee, Regional Committees, Departmental Committees on Tobacco Control – June 2, 2009; Law No. 2014-14 Concerning the Manufacture, Packaging, Labeling, Sale Use of Tobacco – March 14, 2014 19.36 16
Seychelles 12-Nov-03 N 6 2009, 2010, 2012, 2014 Tobacco Control Act – August 24, 2009; Tobacco Control (Smoke-Free Notice) Regulations, 2011 – July 8, 2011; Tobacco (Health Warnings Messages) Regulations, 2012 – September 26, 2012; Tobacco Control (Health Warnings Messages) (Amendment of Schedule) Regulations, 2013 – May 6, 2013 34.1 7.7
Sierra Leone 22-May-09 N 3 2012, 2014 N/A 43.1 10.5
South Africa 19-Apr-05 N 6 2009, 2010 , 2012, 2014 Tobacco Products Control Act 83 of 1993 (as amended) – February 1, 1994; Regulations Relating to the Labelling, Advertising Sale of Tobacco Products (as amended in 1995) – May 31, 1995; Notice No. R. 977 of 2000 on Regulations Relating to Provision for Exemption for Unintended Consequences the Phasing Out of Existing Sponsorship or Contractual Obligations – January 1, 2000; Notice No. R. 975 of 2000 Relating to Smoking of Tobacco Products in Public Places – January 1, 2001; Notice No. R. 976 of 2000 on Regulations Relating to the Point of Sale of Tobacco Products – January 1, 2001 35.16 10.26
Sudan 31-Oct-05 N 6 2009, 2012 N/A N/A N/A
Swaziland 13-Jan-06 N 6 2009, 2012 Tobacco Act, 1933 (as amended) – 1933; Tobacco Products Control Act, 2013 – August 1 2013 N/A N/A
Togo 15-Nov-05 N 5 2009, 2012, 2014 N/A 12.4 1.8
Uganda 20-Jun-07 N 6 2009, 2012, 2014 The National Environment (Control of Smoking in Public Places) Regulations 2004 (S.I 2004 No.12) 14.7 2.8
United Republic of Tanzania 30-Apr-07 N 6 2012, 2014 Tobacco Industry Act, 2001 (No.24 of 2001) – January 28, 2002; Tobacco Products (Regulation)Act, 2003 (No.3 of 2003) – April 5, 2003 26 2.9
Zambia 23-May-08 N 7 N/A Public Health (Tobacco) Regulations, 1992 (Statutory Instrument No. 163 of 1992) – 7 December 1992; Ch. 237 Tobacco Act No. 64 of 1967, No. 13 of 1994 – 1994; Ch. 295 Public Health Act (as amended) – 1995; Local Government (Prohibition of Smoking in Public Places) Regulations, 2008 (Statutory Instrument No. 39 of 2008) – 2008 N/A N/A
Zimbabwe 04-Mar-15 N N/A N/A Public Health Act, Chapter 15:09 (as amended) – 1 January 1925; Public Health (Tobacco Regulations) N/A N/A
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References

  1. AN Sanders-Jackson, AV. Song, H.Hillamo, SA. Glantz, Effect of the Framework Convention on Tobacco Control and voluntary industry health warning labels on passage of mandated cigarette warning labels from 1965 to 2012: transition probability and event history analyses, American Journal of Public Health, 2013 Nov;103(11):2041-7, accessed October 2015
  2. Calculated from the year of first report on implementation as submitted to the FCTC or the year of first Tobacco Control law following FCTC ratification, depending on what came first
  3. abcWorld Health Organisation, 2014 global progress report on implementation of the WHO Framework Convention on Tobacco Control, 2014, accessed November 2015 (unless otherwise stated)
  4. World Health Organisation, Party Reports, accessed November 2015
  5. Campaign for Tobacco Free Kids, Tobacco Control Laws, 2015, accessed October 2015
  6. abcdWorld Health Organisation, 2012 GLOBAL PROGRESS REPORT 2012 on implementation of the WHO Framework Convention on Tobacco Control, 2012, accessed November 2015