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Transfer to the United Nations of the functions exercised by the French Government under the International Agreement of 18 May 1904 and the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic, and the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications

Publisher UN General Assembly
Author UN General Assembly
Publication Date 3 December 1948
Citation / Document Symbol A/RES/256
Reference Third Session
Cite as UN General Assembly, Transfer to the United Nations of the functions exercised by the French Government under the International Agreement of 18 May 1904 and the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic, and the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications, 3 December 1948, A/RES/256, available at: http://www.refworld.org/docid/3b00f49024.html [accessed 16 April 2014]

III. RESOLUTIONS ADOPTED ON THE REPORTS OF THE SIXTH COMMITTEE
256. Transfer to the United Nations of the functions exercised by the French Government under the International Agreement of 18 May 1904 and the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic, and the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications

The General Assembly,

Noting that the French Government exercises certain functions under article 7 of the International Agreement of 18 May 1904 for the Suppression of the White Slave Traffic,[1] under articles 4, 8, 10 and 11 of the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic, and under articles 1, 4, 5 and 7 of the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications,

Taking note of the French Government's offer to transfer to the United Nations the functions exercised by it in virtue of these instruments,

Considering that, by resolution 126 (II)[2] adopted on 20 October 1947, the General Assembly decided to assume the powers and functions previously exercised by the League of Nations under the International Convention of 30 September 1921 for the Suppression of the Traffic in Women and Children,[3] the International Convention of 11 October 1933 for the Suppression of the Traffic in Women of Full Age,[4] and of the International Convention of 12 September 1923 for the Suppression of the Circulation of and Traffic in Obscene Publications[5]5,

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

Approves the transfer to the United Nations of the functions exercised by the French Government in virtue of the above-mentioned instruments;

Approves the Protocols which accompany this resolution;

Asks that each of these Protocols be signed without delay:

(a) By the States Members of the United Nations which are Parties to the Agreements or to the Convention which the Protocols seek to amend;

(b) By those States which are not Members of the United Nations and which are Parties to the Agreements or the Conventions which the Protocols seek to amend, and to which the Secretary-General shall have communicated a copy of the Protocols in conformity with international agreements in force and the recommendations contained in the resolutions of the General Assembly;

Recommends that, pending the entry into force of the aforesaid protocols, effect be given to their Provisions by the aforementioned States, each in respect of the instruments to which it is a Party;

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

Hundred and sixty-ninth plenary meeting,
3 December 1948.

PROTOCOL AMENDING THE INTERNATIONAL AGREEMENT FOR THE SUPPRESSION OF THE WHITE SLAVE TRAFFIC, SIGNED AT PARIS, ON 18 MAY 1904, AND THE INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE WHITE SLAVE TRAFFIC, SIGNED AT PARIS, ON 4 MAY 1910.

The Parties to the present Protocol, considering that under the International Agreement for the Suppression of the White Slave Traffic, signed at Paris, on 18 May 1904, and the International Convention for the Suppression of the White Slave Traffic, signed at Paris, on 4 May 1910, the Government of the French Republic was invested with certain functions; considering that the said Government has offered to transfer to the United Nations the functions exercised by it under the above-mentioned agreements; and considering that it is expedient that these functions should be assumed henceforth by the United Nations, hereby agree as follows

ARTICLE 1

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 2

The Secretary-General shall prepare the texts of the International Agreement of 18 May 1904 for the Suppression of the White Slave Traffic and of the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic, 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 non-member 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 3

The present Protocol shall be open for signature or acceptance by any of the Parties to the International Agreement of 18 May 1904 for the Suppression of the White Slave Traffic or to the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic to which the Secretary-General has communicated for this purpose a copy of the present Protocol.

ARTICLE 4

States may become Parties to the present Protocol by:

(a) Signature without reservation as to acceptance;

(b) Signature with reservation as to acceptance, followed by acceptance;

(c) Acceptance.

Acceptance shall be effected by the deposit of a formal instrument with the Secretary-General of the United Nations.

ARTICLE 5

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

The amendments set forth in the annex to the present Protocol shall come into force in respect of the International Agreement of 18 May 1904 for the Suppression of the White Slave Traffic when twenty Parties thereto shall have become Parties to the present Protocol; and in respect of the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic when twenty Parties thereto shall have become Parties to the present Protocol; and, consequently, any State becoming a Party to the Agreement or to the Convention after the amendments thereto have come into force shall become a Party to the Agreement or to the Convention as so amended.

ARTICLE 6

Upon the entry into force of the amendments set forth in the annex to the present Protocol and concerning either the Agreement or the Convention, the French Government shall deposit with the Secretary-General of the United Nations the original of that of the two agreements to which the aforesaid amendments relate, together with the various documents which were in its custody by virtue of the functions which it exercised.

ARTICLE 7

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 Agreement and Convention by the present Protocol on the respective dates of their entry into force, and to publish the Protocol and the amended Agreement and Convention as soon as possible after registration.

ARTICLE 8

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 Agreement and the Convention to be amended in accordance with the annex being in the French language only, the French text of the annex shall be authentic and the Chinese, English, Russian and Spanish texts shall 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 International Agreement of 18 May 1904 for the Suppression of the White Slave Traffic or to the International Convention of 4 May 1910 for the Suppression of the White Slave Traffic, as well as to all States Members of the United Nations.

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

DONE AT… this… day of[6]

ANNEX[7] TO THE PROTOCOL

1. INTERNATIONAL AGREEMENT FOR THE SUPPRESSION OF THE WHITE SLAVE TRAFFIC, SIGNED AT PARTS ON 18 MAY 1904

Article 7 shall read

"Non-signatory States may adhere to the present Agreement. For this purpose they shall notify their intention to the Secretary-General of the United Nations, who shall acquaint all the Contracting States and all the Members of the United Nations."

2. INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE WHITE SLAVE TRAFFIC, SIGNED AT PARIS ON 4 MAY 1910

Article 4 shall read

"The Contracting Parties shall communicate to each other, through the Secretary-General of the United Nations, such laws as have already been, or may in the future be, promulgated in their countries relating to the subject of the present Convention."

Article 8. The first paragraph shall read

"Non-signatory States may accede to the present Convention. For this purpose, they shall notify their intention by an instrument which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall send a certified copy to each of the Contracting States and to all the Members of the United Nations, and shall at the same time inform them of the date of deposit. The said instrument of notification shall also transmit any laws promulgated by the acceding State relating to the subject of the present Convention."

Article 10. The second paragraph shall read

"The denunciation shall be notified by an instrument which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall send a certified copy to each of the Contracting States and to all the Members of the United Nations, and shall at the same time inform them of the date of deposit. "

Article 11

The first paragraph shall read
"Should a Contracting State desire the present Convention to come into force in one or more of its colonies, possessions or areas under consular jurisdiction, it shall for this purpose notify its intention by an instrument which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall send a certified copy to each of the Contracting States and to all the Members of the United Nations, and shall at the same time inform them of the date of deposit."

The fifth paragraph shall read
"The denunciation of the Convention by one of the Contracting States for one or more of such colonies, possessions or areas under consular jurisdiction shall take place in accordance with the forms and conditions laid down in the first paragraph of the present article. It shall take effect twelve months after the date of deposit of the instrument of denunciation in the archives of the United Nations."

PROTOCOL AMENDING THE AGREEMENT FOR THE SUPPRESSION OF THE CIRCULATION OF OBSCENE PUBLICATIONS, SIGNED AT PARIS, ON 4 MAY 1910

The Parties to the present Protocol, considering that under the Agreement for the Suppression of the Circulation of Obscene Publications, signed at Paris on 4 May 1910, the Government of the French Republic was invested with certain functions; considering that the said Government has offered to transfer to the United Nations the functions exercised by it under the above-mentioned Agreement; and considering that it is expedient that these functions should be assumed henceforth by the United Nations, hereby agree as follows:

ARTICLE 1

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 2

The Secretary-General shall prepare the text of the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications, 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 non-member State to which this Protocol is open for signature or acceptance. He shall also invite the Parties to the aforesaid Agreement 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 3

The present Protocol shall be open for signature or acceptance by any of the Parties to the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications to which the Secretary-General has communicated for this purpose a copy of the present Protocol.

ARTICLE 4

States may become Parties to the present Protocol by:

(a) Signature without reservation as to acceptance

(b) Signature with reservation as to acceptance, followed by acceptance;

(c) Acceptance.

Acceptance shall be effected by the deposit of a formal instrument with the Secretary-General of the United Nations.

ARTICLE 5

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

The amendments set forth in the annex to the present Protocol shall come into force in respect of the Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications when thirteen Parties thereto shall have become Parties to the present Protocol, and consequently, any State becoming a Party to the Agreement after the amendments thereto have come into force shall become a Party to the Agreement as so amended.

ARTICLE 6

Upon the entry into force of the amendments set forth in the annex to the present Protocol, the French Government shall deposit with the Secretary-General of the United Nations the original of the Agreement, together with the various documents which were in its custody by virtue of the functions which it exercised.

ARTICLE 7

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 Agreement by the present Protocol on the respective dates of their entry into force, and to publish the Protocol and the amended Agreement as soon as possible after registration.

ARTICLE 8

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 Agreement to be amended in accordance with the annex being in the French language only, the French text of the annex shall be authentic and the Chinese, English, Russian and Spanish texts shall 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 Agreement of 4 May 1910 for the Suppression of the Circulation of Obscene Publications, as well as 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.

ANNEX TO THE PROTOCOL

Article 1. The final paragraph shall read

"The Contracting Governments shall mutually make known to one another, through the Secretary-General of the United Nations, the authority established or designated in accordance with the present article".

Article 4 shall read:

"Non-signatory States will be permitted to adhere to the present Agreement. They shall notify their intention to that effect by means of an instrument which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall send a certified copy of the said instrument to each one of the Contracting States and to all the Members of the United Nations, and at the same time apprise them of the date of deposit.

"Six months after that date, the Agreement will go into effect throughout the territory of the adhering State, which will thereby become a Contracting State,"

Article 5. The third paragraph shall read:

"The denunciation shall be notified by an instrument which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall send a certified copy thereof to each one of the Contracting States and to all the Members of the United Nations, and at the same time apprise them of the date of deposit."

Article 7

The first paragraph shall read
"Should a Contracting State wish to enforce the present Agreement in one or more of its colonies, possessions, or areas under consular jurisdiction, it shall notify its intention to that effect by an instrument which shall be deposited in the archives of the United Nations. The Secretary-General of the United Nations shall send a certified copy to each of the Contracting States and to all the Members of the United Nations and at the same time apprise them of the date of the deposit".

The third paragraph shall read
"The denunciation of the Agreement by one of the Contracting States on behalf of one or more of its colonies, possessions or consular court districts shall be effected in the form and under the conditions set forth in the first paragraph of this article. It shall take effect twelve months after the date of the deposit of the instrument of denunciation in the archives of the United Nations."



[1] For the text of these instruments see document A/639/ Rev.1.

[2] See Official Records of the Second Session of the General Assembly, Resolution, page 32.

[3] See League of Nations Treaty Series, volume IX, page 415.

[4] Ibid., volume CL, page 431.

[5] Ibid., volume XXVII, page 213.

[6] The above Protocol will be open for signature at Lake Success on a date subsequent to the end of the first part of the third session of the General Assembly.

[7] The French text is authentic, and the English text is a translation.

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