CHAPTER VIII

OBSCENE PUBLICATIONS1Protocol to amend the Convention for the suppression of the circulation of, and traffic in, obscene publications, concluded at Geneva on 12 September 1923Lake Success, New York, 12 November 1947Entry into force12 November 1947, in accordance with article V.1Registration2 February 1950, No. 709StatusSignatories6Parties34TextUnited Nations, <i>Treaty Series </i>, vol. 46, p. 169.The Protocol was approved by the General Assembly of the United Nations in resolution 126 (II)<superscript>2</superscript> of 20 October 1947.

Participant<superscript>3</superscript>SignatureDefinitive signature(s), Acceptance(A), Succession(d)Afghanistan12 Nov 1947 sAlbania25 Jul 1949 AAustralia13 Nov 1947 sAustria 4 Aug 1950 sBelgium12 Nov 1947 sBrazil17 Mar 1948 3 Apr 1950 ACanada24 Nov 1947 sChina<superscript>4,5</superscript>12 Nov 1947 sCuba 2 Dec 1983 ACzech Republic<superscript>6</superscript>30 Dec 1993 dDenmark<superscript>7</superscript>[12 Nov 1947 ][21 Nov 1949 A]Egypt12 Nov 1947 sFiji 1 Nov 1971 dFinland 6 Jan 1949 AGreece 9 Mar 1951 5 Apr 1960 AGuatemala 9 Jul 1948 26 Aug 1949 AHungary 2 Feb 1950 sIndia12 Nov 1947 sIran (Islamic Republic of)16 Jul 1953 Ireland28 Feb 1952 AItaly16 Jun 1949 sLuxembourg12 Nov 1947 14 Mar 1955 AMexico 4 Feb 1948 AMyanmar13 May 1949 sNetherlands<superscript>8</superscript>[12 Nov 1947 ][ 7 Mar 1949 A]New Zealand<superscript>9</superscript>28 Oct 1948 sNorway12 Nov 1947 28 Nov 1947 APakistan12 Nov 1947 sPoland21 Dec 1950 ARomania 2 Nov 1950 sRussian Federation18 Dec 1947 sSerbia<superscript>10</superscript>12 Mar 2001 dSlovakia<superscript>6</superscript>28 May 1993 dSolomon Islands 3 Sep 1981 dSouth Africa12 Nov 1947 sTurkey12 Nov 1947 sUnited Kingdom of Great Britain and Northern Ireland16 May 1949 sCubaDeclaration:The Government of the Republic of Cuba considers that the content of article 9 of the Convention of 1923, as amended by the Protocol, is discriminatory in character in that it denies a number of States the right of accession, thus violating the principle of the sovereign equality of States.Reservation:The Government of the Republic of Cuba considers, with respect to the provisions contained in article 15 of the Convention of 1923, as amended by the Protocol, that differences in inter- pretation or implementation of that article must be resolved by direct negotiations through the diplomatic channel.1The amendments set forth in the annex to the Protocol entered into force on 2 February 1950, in accordance with paragraph 2 of article V of the Protocol.2<i>Official Records of the General Assembly, Second Session, Resolutions </i> (A/519), p. 32.3An instrument of acceptance of the Protocol was deposited on 2 December 1975 with the Secretary-General on behalf of the Government of the German Democratic Republic. A "notification of reapplication" of the Convention of 1923 by the German Democratic Republic had been deposited with the Secretary-General on 21 February 1974. See also note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.4On 6 June 1997, Secretary-General received a communication regarding the status of Hong Kong from China (see also note 2 under “China” in the “Historical Information” section in the front matter of this volume. Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Protocol will also apply to the Hong Kong Special Administrative Region.5See note concerning signatures, ratifications, accessions, etc., on behalf of China (note 1 under “China” in the “Historical Information” section in the front matter of this volume).6Czechoslovakia had signed the Protocol definitively on 12 November 1947. See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.7A notification of denunciation was received on 16 August 1967. In communicating this notification, the Government of Denmark has informed the Secretary-General that the denunciation was intended to apply also in relation to the States parties to the 1923 Convention (chapter VIII.3) which had not yet become parties to the Protocol of 12 November 1947 amending the said Convention (chapter VIII.1). The denunciation took effect on 16 August 1968.8On 30 July 1985, the Secretary-General received from the Government of the Netherlands a notification of denunciation of the said Protocol and Convention. The notification specifies that the denunciation shall apply in respect of the Kingdom in Europe only and that the Protocol and the Convention will therefore remain in force in the Netherlands Antilles. The notification also indicated that the reason for the denunciation is the following:". . . under the Act of 3 July 1985 (Bulletin of Acts, Orders and Decrees No. 385) the provisions of the Dutch Criminal Code were amended in such a way that it is no longer possible for the Netherlands to comply fully with the international obligations it assumed under the Convention. Article I of the Convention contains - <i>inter alia </i> - the obligation to make it a punishable offence to make, produce or have in possession, to import, convey or export obscene publications or any other obscene objects for the purposes of distribution or public exhibition.The new provisions of the Dutch Criminal Code fulfill this requirement only with regard to the portrayal of - or to any medium of information which portrays - sexual activity involving persons under the age of sixteen (i.e. child pornography). As regards the other forms of pornography, the shop windows, to send such images or objects unsolicited through the mail or to supply, offer or show them to children. Since the Convention does not contain any provision which would allow the Netherlands to make punishable only those offences included in the amended Criminal Code, the Government of the Kingdom of the Netherlands has no other choice than to denounce the Convention for the Netherlands."9See note 1 under “New Zealand” regarding Tokelau in the “Historical Information” section in the front matter of this volume.10The former Yugoslavia had signed Protocol definitively on 12 November 1947. See also note 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.