CHAPTER VIII
OBSCENE PUBLICATIONS2Convention for the Suppression of the Circulation of, and Traffic in, Obscene Publications, concluded at Geneva on 12 September 1923 and amended by the Protocol signed at Lake Success, New York, on 12 November 1947New York, 12 November 19472 February 1950, in accordance with article 9, the date on which the amendments set forth in the annex to the Protocol of 12 November 1947, entered into force in accordance with paragraph 2 of article V of the Protocol.2 February 1950, No. 710Parties56United Nations, <i>Treaty Series </i>, vol. 46, p. 201.
ParticipantDefinitive signature of the Protocol, Succession to the Convention and the Protocol, Acceptance of the Protocol, Acceptance ipso facto by virtue of article 10 (1) of the Convention of 12 September 1923, as amended(A)Succession to the Convention as amended by the Protocol(d), Accession to the Convention as amended by the Protocol(a), Ratification of the Convention as amended by the ProtocolAfghanistan12 Nov 1947 Albania25 Jul 1949 Australia13 Nov 1947 Austria 4 Aug 1950 Belarus 8 Sep 1998 dBelgium12 Nov 1947 Brazil 3 Apr 1950 Cambodia30 Mar 1959 aCanada24 Nov 1947 China<superscript>1,2</superscript>12 Nov 1947 Cuba 2 Dec 1983 Cyprus16 May 1963 dCzech Republic<superscript>3</superscript>30 Dec 1993 dDemocratic Republic of the Congo31 May 1962 dDenmark<superscript>4</superscript>[21 Nov 1949 ]Egypt12 Nov 1947 Fiji 1 Nov 1971 Finland 6 Jan 1949 Ghana 7 Apr 1958 dGreece 5 Apr 1960 Guatemala26 Aug 1949 Haiti26 Aug 1953 Hungary 2 Feb 1950 India12 Nov 1947 Ireland28 Feb 1952 Italy16 Jun 1949 Jamaica30 Jul 1964 dJordan11 May 1959 aLesotho28 Nov 1975 dLiberia<superscript>5</superscript>16 Sep 2005 ALuxembourg14 Mar 1955 Madagascar10 Apr 1963 aMalawi22 Jul 1965 aMalaysia21 Aug 1958 dMalta24 Mar 1967 dMauritius18 Jul 1969 dMexico 4 Feb 1948 Montenegro<superscript>6</superscript>23 Oct 2006 dMyanmar13 May 1949 Netherlands<superscript>7</superscript>[ 7 Mar 1949 ]New Zealand<superscript>8</superscript>28 Oct 1948 Nigeria26 Jun 1961 dNorway28 Nov 1947 Pakistan12 Nov 1947 Poland21 Dec 1950 Romania 2 Nov 1950 Russian Federation18 Dec 1947 Serbia<superscript>9</superscript>12 Mar 2001 dSierra Leone13 Mar 1962 dSlovakia<superscript>3</superscript>28 May 1993 dSolomon Islands 3 Sep 1981 dSouth Africa12 Nov 1947 Sri Lanka15 Apr 1958 aTrinidad and Tobago11 Apr 1966 dTurkey12 Nov 1947 United Kingdom of Great Britain and Northern Ireland<superscript>1</superscript>16 May 1949 United Republic of Tanzania28 Nov 1962 aZambia 1 Nov 1974 d
1On 6 and 10 June 1997, the Secretary-General received communications regarding the status of Hong Kong from China and the United Kingdom of Great Britain and Northern Ireland with regard to the Convention (chapter VIII-3) and Protocol (chapter VIII-1)(see also note 2 under "China" and note 2 under "United Kingdom of Great Britain and Northern Ireland" 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 Convention and the Protocol will also apply to the Hong Kong Special Administrative Region.2See 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).3Czechoslovakia, by virtue of its definitive signature of the Protocol of 12 November 1947 amending the Convention of 1923, was a participant in the Convention on that same date. See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.4A 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 1968.5Ratification of or accession to the Convention of 12 September 1923 shall <i>ipso facto</i>, and without special notification, involve concomitant and full acceptance of the Agreement of 4 May 1910 [...]6See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.7On 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."8See note 1 under "New Zealand" regarding Tokelau in the "Historical Information" section in the front matter of this volume.9The former Yugoslavia had signed the 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.