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Transfer to the United Nations of the functions and powers exercised by the League of Nations under the international Convention of 30 September 1921 on Traffic in Women and Children, the Convention of 11 October 1933 on Traffic in Women of Full Age, and the Convention of 12 September 1923 on Traffic in Obscene Publications

Publisher UN General Assembly
Author UN General Assembly
Publication Date 20 October 1947
Citation / Document Symbol A/RES/126
Reference Second Session
Cite as UN General Assembly, Transfer to the United Nations of the functions and powers exercised by the League of Nations under the international Convention of 30 September 1921 on Traffic in Women and Children, the Convention of 11 October 1933 on Traffic in Women of Full Age, and the Convention of 12 September 1923 on Traffic in Obscene Publications, 20 October 1947, A/RES/126, available at: http://www.refworld.org/docid/3b00f1ef34.html [accessed 22 December 2014]

II. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE
126. Transfer to the United Nations of the functions and powers exercised by the League of Nations under the international Convention of 30 September 1921 on Traffic in Women and Children, the Convention of 11 October 1933 on Traffic in Women of Full Age, and the Convention of 12 September 1923 on Traffic in Obscene Publications

The General Assembly,

Desirous of continuing international co-operation in order to suppress the traffic in women and children and in obscene publications,

Approves the Protocols which accompany this resolution;

Urges that they shall be signed without delay by all the States which are Parties to the above-mentioned Conventions;

Recommends that, pending the entry into force of the aforesaid Protocols, effect be given to their provisions by the Parties to any of the Conventions;

Instructs the Secretary-General to perform the functions, conferred upon him by the aforesaid Protocols upon their entry into force;

Directs the Economic and Social Council and the Secretary-General, in view of the General Assembly's resolution on the relations of Members of the United Nations with Spain adopted on 9 February 1946,[1] to suspend all action under these Protocols and the Conventions mentioned above with respect to the Franco Government in Spain as long as this Government is in power.

Ninety-seventh plenary meeting,
20 October 1947.

DRAFT PROTOCOL TO AMEND THE CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN WOMEN AND CHILDREN, CONCLUDED AT GENEVA ON 30 SEPTEMBER 1921,[2] AND THE CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC, IN WOMEN OF FULL AGE, CONCLUDED AT GENEVA ON 11 OCTOBER 1933[3]

The Parties to the present Protocol, considering that, under the Convention for the Suppression of the Traffic in Women and Children, concluded at Geneva on 30 September 1921, and the Convention for the Suppression of the Traffic in Women of Full Age, concluded at Geneva on 11 October 1933, the League of Nations was invested with certain functions and powers for the continued performance of which it is necessary to make provision in consequence of the dissolution of the League of Nations, and considering that it is expedient that these functions and powers should be performed henceforth by the United Nations, hereby agree as follows:

ARTICLE I

The Parties to the present Protocol undertake that as between themselves they will, each in respect of the instruments to which it is a Party and in accordance with the provisions of the present Protocol, attribute full legal force and effect to, and duly apply the amendments to, those instruments which are set forth in the annex to the present Protocol.

ARTICLE II

The Secretary-General shall prepare texts of the Conventions as revised in accordance with the present Protocol, and shall send copies for their information to the Governments of every Member of the United Nations and every nonmember State to which this Protocol is open for signature or acceptance. He shall also invite Parties to any of the instruments to be amended by the present Protocol to apply the amended texts of those instruments as soon as the amendments are in force, even if they have not yet been able to become Parties to the present Protocol.

ARTICLE III

The present Protocol shall be open for signature or acceptance by any of the Parties to the Convention of 30 September 1921 for the Suppression of the Traffic in Women and Children or the Convention of 11 October 1933 for the Suppression of the Traffic in Women of Full Age, to which the Secretary-General has communicated a copy of this Protocol.

ARTICLE IV

States may become Parties to the present Protocol by:

(a) Signature without reservation as to approval; or

(b) Acceptance, which shall be effected by the deposit of a formal instrument with the Secretary-General of the United Nations.

ARTICLE V

1. The present Protocol shall come into force on the date on which two or more States shall have become Parties thereto.

2. The amendments set forth in the annex to the present Protocol shall come into force in respect of each Convention when a majority of the Parties thereto have become Parties to the present Protocol, and consequently any State becoming a Party to either Convention, after the amendments thereto have come into force, shall become a Party to the Convention as so amended.

ARTICLE VI

In accordance with paragraph 1 of Article 102 of the Charter of the United Nations, and the regulations pursuant thereto adopted by the General Assembly, the Secretary-General of the United Nations is authorized to effect registration of the present Protocol and the amendments made in each Convention by this Protocol on the respective dates of their entry into force, and to publish the Protocol and the amended Conventions as soon as possible after registration.

ARTICLE VII

The present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations Secretariat. The Conventions to be amended in accordance with the annex being in the English and French languages only, the English and French texts of the annex shall equally be the authentic texts, and the Chinese, Russian and Spanish texts will be translations. A certified copy of the Protocol, including the annex, shall be sent by the Secretary-General to each of the Parties to the Convention of 30 September 1921, for the Suppression of the Traffic in Women and Children or the Convention of 11 October 1933 for the Suppression of the Traffic in Women of Full Age as well as to all Members of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, signed the present Protocol on the date appearing opposite their respective signatures.

DONE at this day of 194 .

Annex

(i) INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN WOMEN AND CHILDREN, OPENED FOR SIGNATURE AT GENEVA, 30 SEPTEMBER 1921

The first paragraph of article 9 shall read:
The present Convention is subject to ratification. As from 1 January 1948 instruments of ratification shall be transmitted to the Secretary-General of the United Nations, who will notify the receipt of them to Members of the United Nations and to non-member States to which the Secretary-General has communicated a copy of the Convention. The instruments of ratification shall be deposited in the archives of the Secretariat of the United Nations.

Article 10 shall read:
Members of the United Nations may accede to the present Convention.

The same applies to non-member States to which the Economic and Social Council of the United Nations may decide officially to communicate the present Convention.

Accession will be notified to the Secretary-General of the United Nations, who will notify all Members of the United Nations and the non-member States to which the Secretary-General has communicated a copy of the Convention.

Article 12 shall read:
The present Convention may be denounced by any State which is a Party thereto, on giving twelve months' notice of its intention to denounce.

Denunciation shall be effected by notification in writing addressed to the Secretary-General of the United Nations. Copies of such notification shall be transmitted forthwith by him to all Members of the United Nations and to non-member States to which the Secretary-General has communicated a copy of the Convention. The denunciation shall take effect one year after the date on which it was notified to the Secretary-General of the United Nations, and shall operate only in respect of the notifying State.

Article 13 shall read:
A special record shall be kept by the Secretary-General of the United Nations, showing which of the Parties have signed, ratified, acceded to or denounced the present Convention. This record shall be open at all times to any Member of the United Nations or to any non-member State to which the Secretary-General has communicated a copy of the Convention; it shall be published as often as possible, in accordance with the directions of the Economic and Social Council of the United Nations.

Article 14 shall be deleted.

(ii) INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE TRAFFIC IN WOMEN OF FULL AGE, SIGNED AT GENEVA, 11 OCTOBER 1933

In article 4 "the International Court of Justice" shall be substituted for "the Permanent Court of International Justice" and "the Statute of the International Court of Justice" shall be substituted for "the Protocol of 16 December 1920, relating to the Statute of that Court" or "the Protocol of 16 December 1920".

Article 6 shall read:
The present Convention shall be ratified. As from 1 January 1948 the instruments of ratification shall be transmitted to the Secretary-General of the United Nations, who shall notify receipt of them to all Members of the United Nations and to non-member States to which the Secretary-General has communicated a copy of the Convention.

Article 7 shall read:
Members of the United Nations may accede to the present Convention. The same applies to nonmember States to which the Economic and Social Council of the United Nations may decide officially to communicate the present Convention.

The instruments of accession shall be transmitted to the Secretary-General of the United Nations, who shall notify receipt of them to all Members of the United Nations and to non-member States to which the Secretary-General has communicated a copy of the Convention.

In article 9 "the Secretary-General of the United Nations" shall be substituted for "the Secretary-General of the League of Nations".

In article 10 the first three paragraphs and paragraph 5 shall be deleted.

The fourth paragraph of article 10 shall read:
The Secretary-General of the United Nations shall communicate to all the Members of the United Nations and to the non-member States, to which the Secretary-General has communicated a copy of the Convention, the denunciations referred o to in article 9.

DRAFT PROTOCOL TO AMEND THE INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE CIRCULATION OF AND TRAFFIC IN OBSCENE PUBLICATIONS, OPENED FOR SIGNATURE AT GENEVA ON 12 SEPTEMBER 1923[4]

The Parties to the present Protocol, considering that under the Convention for the Suppression of the Circulation of and Traffic in Obscene Publications, concluded at Geneva on 12 September 1923, the League of Nations was invested with certain functions and powers for whose continued performance it is necessary to make provisions in consequence of the dissolution of the League of Nations, and considering that it is expedient that these functions and powers should be performed henceforth by the United Nations, hereby agree as follows:

ARTICLE I

The Parties to the present Protocol undertake that as between themselves they will, in accordance with the provisions of the present Protocol, attribute full legal force and effect to, and duly apply the amendments to this instrument which are set forth in the annex to the present Protocol.

ARTICLE II

The Secretary-General shall prepare the text of the Convention of 12 September 1923 for the Suppression of the Circulation of and Traffic in Obscene Publications, as revised in accordance with the present Protocol, and shall send copies for its information to the Government of every Member of the United Nations and every non-member State to which this Protocol is open for signature or acceptance. He shall also invite parties to the aforesaid Convention to apply the amended text of this instrument as soon as the amendments are in force, even if they have not yet been able to become parties to the present Protocol.

ARTICLE III

The present Protocol shall be open for signature or acceptance by any of the Parties to the Convention of 12 September 1923 for the Suppression of the Circulation of and Traffic in Obscene Publications, to which the Secretary-General has communicated a copy of this Protocol.

ARTICLE IV

States may become parties to the present Protocol by:

(a) Signature without reservation as to approval, or

(b) Acceptance, which shall be effected by the deposit of a formal instrument with the Secretary-General of the United Nations.

ARTICLE V

1. The present Protocol shall come into force on the date on which two or more States shall have become parties thereto.

2. The amendments set forth in the annex to the present Protocol shall come into force when a majority of the Parties to the Convention of 12 September 1923 for the Suppression of the Circulation of and Traffic in Obscene Publications have become parties to the present Protocol, and consequently any State becoming a party to the Convention after the amendments thereto have into force shall become a party to the Convention as amended.

ARTICLE VI

In accordance with paragraph 1 of Article 102 of the Charter of the United Nations, and the regulations pursuant thereto adopted by the General Assembly, the Secretary-General of the United Nations is authorized to effect registration of the present Protocol and the amendments made in the Convention by the present Protocol on the respective dates of their entry into force, and to publish the Protocol and the amended Convention as soon as possible after registration.

ARTICLE VII

The present Protocol, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations Secretariat. The Convention to be amended in accordance with the annex being in the English and French languages only, the English and French texts of the annex shall be equally authentic texts and the Chinese, Russian and Spanish texts will be translations.

A certified copy of the Protocol, including the annex, shall be sent by the Secretary-General to each of the Parties to the Convention of 12 September 1923 for the Suppression of the Circulation of and Traffic in Obscene Publications, and to all States Members of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, signed the present Protocol on the date appearing opposite their respective signatures.

DONE at... this... day of... 194 .

Annex INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE CIRCULATION OF AND TRAFFIC IN OBSCENE PUBLICATIONS, OPENED FOR SIGNATURE AT GENEVA 12 SEPTEMBER 1923

The first and second paragraphs of article 8 shall read:
The present Convention is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations, who shall notify receipt of them to the Members of the United Nations and to the non-member States to which the Secretary-General has communicated a copy of the Convention.

The Secretary-General of the United Nations shall immediately communicate a certified copy of each of the instruments deposited with reference to this Convention to the Government of the French Republic.

Article 9 shall read:
Members of the United Nations may accede to the present Convention. The same applies to non-member States to which the Economic and Social Council of the United Nations may decide officially to communicate the present Convention.

Accession shall be effected by an instrument communicated to the Secretary-General of the United Nations to be deposited in the archives of the Secretariat. The Secretary-General shall at once notify such deposit to Members of the United Nations and to the non-member States to which the Secretary-General has communicated a copy of the Convention.

In article 10 "Member of the United Nations" shall be substituted for "Member of the League".

In the first paragraph of article 12 "the Secretary-General of the United Nations" shall be substituted for "the Secretary-General of the League of Nations", and "Members of the United Nations" shall be substituted for "Members of the League of Nations".

The second paragraph of article 12 shall read:
The Secretary-General of the United Nations shall notify the receipt of any such denunciation to all Members of the United Nations and to the non-member States to which the Secretary-General has communicated a copy of the Convention.

Article 13 shall be deleted.

Article 14 shall read:
A special record shall be kept by the Secretary-General of the United Nations, showing which of the parties have signed, ratified, acceded to or denounced the present Convention. This record shall be open at all times to any Member of the United Nations or to any non-member State to which the Secretary-General has communicated a copy of the Convention.

It shall be published as often as possible.

In article 15 "the International Court of Justice" shall be substituted for "the Permanent Court of International Justice", and "the Statute of the International Court of Justice" shall be substituted for "the Protocol of Signature of the Permanent Court of International Justice".

In article 16 "the Economic and Social Council of the United Nations" shall be substituted for "the Council of the League of Nations".



[1] See Resolutions adopted by the General Assembly during the first part of its first session, resolution 32 (I), page 39.

[2] See League of Nations Treaty Series, volume 9, page 415.

[3] Ibid., volume 150, page 431.

[4] See League of Nations Treaty Series, volume 27, page 213.

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