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RS 0.311.33 International Convention of 30 September 1921 for the Suppression of the Traffic in Women and Children (with Final Act)

Original Language Title: RS 0.311.33 Convention internationale du 30 septembre 1921 pour la suppression de la traite des femmes et des enfants (avec acte final)

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0.311.33

Original text

International Convention for the Suppression of the Traffic in Women and Children

Conclue in Geneva on 30 September 1921
Approved by the Federal Assembly on June 19, 1925 1
Instrument of ratification deposited by Switzerland on 20 January 1926
Entry into force for Switzerland on 1 Er February 1926

(Status on 31 March 2010)

South Africa, Albania, Australia, Austria, Belgium, Brazil, the British Empire, Canada, Chile, Colombia, Costa Rica, Estonia, Greece, Italy, Japan, Latvia, Lithuania, Norway, Persia, Portugal, Siam, Switzerland and New Zealand,

Desiring to ensure in a more comprehensive manner the suppression of trafficking in women and children, designated in the preambles of the Agreement of 18 May 1904 2 And the Convention of 4 May 1910 3 Under the name "Traite des Whoa";

Having considered the recommendations of the Final Act of the International Conference, which met in Geneva, upon convocation by the Council of the League of Nations, from 30 June to 5 July 1921; and

Having decided to conclude an additional Convention to the above-mentioned Agreement and Convention,

Have appointed to this effect for their Plenipotentiaries:

(Following are the names of plenipotentiaries)

Which, after having communicated their full powers recognised in due form, have agreed to the following provisions:

Art. 1

The High Contracting Parties agree that they would not yet be Parties to the Agreement of 18 May 1904 1 And the Convention of 4 May 1910 2 To transmit, as soon as possible and in the form provided for in the said Agreement and Convention, their ratifications of the said Acts or their accessions to the said Acts.


Art. 2

The High Contracting Parties agree to take all measures with a view to seeking and punishing individuals who engage in trafficking in children of both sexes, as this infringement is understood within the meaning of Article 1 of the The Convention of 4 May 1910. 1


Art. 3

The High Contracting Parties agree to take the necessary measures to punish attempted infringements and, within legal limits, the preparatory acts for the offences provided for in Articles 1 and 2 of the Convention of 4 May 1910. 1


Art. 4

The High Contracting Parties agree, in the event that there are no Extradition Conventions, to take all measures which are in their power for the extradition of the persons accused of the offences referred to in Articles 1 and 2 of the Convention of 4 May 1910 1 , or convicted of such offences.


Art. 5

In paragraph B of the final protocol of the 1910 Convention 1 , the words'twenty years' shall be replaced by the words'twenty-one years of age'.


1 RS 0.311.32 In fine.

Art. 6

The High Contracting Parties agree, in the event that they have not yet taken any legislative or administrative measures concerning the authorisation and supervision of employment agencies and offices, to make regulations in this To ensure the protection of women and children seeking work in another country. 1


1 See the 6 Oct PMQ. 1989 on employment service and rental of services (RS 823.11 ) And the O of 16 January 1991 on the employment service (RS 823.111 ).

Art. 7

The High Contracting Parties agree, with regard to their immigration and emigration services, to take administrative and legislative measures to combat trafficking in women and children. In particular, they agree to enact the necessary regulations for the protection of women and children travelling on board of emigrants, not only on departure and arrival, but also in the course of the journey, and to make arrangements in View, in stations and ports, of notices warning women and children against the dangers of trafficking and indicating where they can find housing, assistance and assistance.

Art. 8

This Convention, of which the English text and the English text are equally authentic, shall bear the date of this day and may be signed until 31 March 1922.

Art.

This Convention is subject to ratification. The instruments of ratification shall be transmitted to the General Secretariat of the League of Nations, which shall notify the other Members of the Society and the States admitted to sign the Convention. Instruments of ratification shall be deposited in the archives of the Secretariat 1 .

In accordance with article 18 of the Covenant of the League of Nations 2 The Secretary-General shall register this Convention as soon as the deposit of the first ratification has been effected.


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 and s.).
2 [RO 36 667]

Art. 10

Members of the League of Nations who have not signed this Convention before 1 Er April 1922 could join.

The same shall apply to non-member States of the Society to which the Council of the Society may decide to formally communicate this Convention.

Accessions will be notified to the Secretary-General of the Company 1 , who will notify all interested Powers, indicating the date of the notification.


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 and s.).

Art. 11

This Convention shall enter into force, for each Party, on the date of the deposit of its ratification or act of accession.

Art. 12

This Convention may be denounced by any Member of the Society or State, party to the said Convention, by giving twelve months' notice. The denunciation shall be effected by a written notification addressed to the Secretary General of the Company 1 The latter shall immediately forward copies of such notification to all other Parties indicating the date of receipt.

The denunciation shall take effect one year after the date of notification to the Secretary-General and shall be valid only for the State which has notified it.


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 and s.).

Art. 13

The Secretary-General of Society 1 Shall maintain a list of all Parties that have signed, ratified or denounced this Convention or have acceded to it. This list may, at any time, be consulted by the Members of the Society and shall be published as often as possible, following the instructions of the Council.


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 and s.).

Art. 14

Any Member or signatory State may declare that its signature does not engage either the whole or that of its colonies, overseas possessions, protectorates or territories subject to its sovereignty or authority, and may subsequently accede to it Separately on behalf of any of its colonies, overseas possessions, protectorates or territories excluded by that declaration.

Denunciation may also be made separately for any colony, overseas possession, protectorate or territory subject to its sovereignty or authority; the provisions of Article 12 shall apply to such denunciation.

Done at Geneva on 30 September thousand nine hundred and twenty-one in one copy, which remains deposited in the archives of the League of Nations 1 .

(Suivent signatures)


1 After the dissolution of the League of Nations, the General Secretariat of the United Nations has been entrusted with the functions mentioned here (FF 1946 II 1181 1187 and s.).

Final Act

The International Conference on the Trafficking of Women and Children, convened in accordance with the resolution of the Council of the League of Nations of 22 February 1921, met on 30 June 1921 at the headquarters of the Society in Geneva.

The Conference was entrusted, by a resolution of the Assembly of 15 December 1920, to strive to achieve unity between the views of the various governments allowing for joint action.

The Council of the Society has appointed Mr Michel Levie, Minister of State, as President of the Conference. The Conference chose, as Vice-Chair, Miss Henni Forchhammer. The Secretary-General of the League of Nations appointed Dame Rachel Crowdy as Secretary-General of the Conference, and Mr. Georges Kaeckenbeeck as Legal Counsel. The Secretary-General and the Legal Counsel were appointed by the Conference to the President and the Vice-Chairman to form the Bureau.

The States listed in the following list took part in the Conference and, to that end, appointed their delegates and experts as follows:

(Following are the names of the delegates and experts from the various States)

After having coordinated, in a report annexed to this Act, the replies received by the Secretariat to the questionnaire sent to the various States on 16 February 1921, and following the deliberations recorded in the minutes of its meetings, the The following resolutions and wishes were adopted by the Conference:

I. The Conference:

Recognizing that effective repression of trafficking in women and children would be facilitated by the adoption, in as many States as possible, of common principles and similar measures;

Considering that, in particular, it would be necessary for such offences to be punishable by all laws;

Whereas the Agreement of 18 May 1904 4 And the Convention of 4 May 1910 5 Contain the essential principles and measures in this area and that such a comprehensive and comprehensive application of these Acts would be of such a nature as to provide a serious remedy for the present situation,

Recommends to the Council of the League of Nations:

To invite in the most urgent manner all Members of the Society and the other States which have not yet ratified the Agreement of 18 May 1904 and the Convention of 4 May 1910, or who have not acceded to it, to give their ratification or accession to These Acts.

II. The Conference, concerned to ensure the protection of women and children, irrespective of their race and colour, expresses the wish that the Council of the League of Nations should invite the Contracting Parties to the Acts of 18 May 1904 And 4 May 1910, relating to the trafficking of women and children, as well as the other states which are still not members of these Acts, to give also their accession for their colonies and dependencies.

III. The Conference expresses the wish that the Council of the League of Nations invites Governments to adopt requirements to punish the attempts and, within the legal limits, the preparatory acts for the offences set out in Articles 1 and 2 of the Convention of 4 May 1910.

IV. The Conference shall express the wish that the Council of the League of Nations shall ask the States Parties to the Acts of 1904 and 1910, or ready to accede thereto, to bear the age specified in letter B of the closing protocol of 1910 to 21 years of age. 6 , and to foresee that this age will be considered as a minimum that is recommended to states to raise again.

V. The Conference, referring to Article 5 of the Convention of 4 May 1910 and wishing to ensure the fullest possible enforcement of the offences provided for in Articles 1 and 2 of this Convention, expresses the wish that, if there is no such Conventions on extradition between the contracting parties, they shall take all measures which are in their power for the extradition of persons prosecuted or convicted of such offences.

VI. The Conference expresses the wish that all states adopt administrative and legislative measures to combat trafficking in women and children in matters of emigration and immigration. In particular, she pointed out to governments the need to ensure the protection of women and children travelling alone, both on departure and on arrival and for the duration of the journey.

VI Bis The Conference draws the attention of the International Emigration Commission to the issue of trafficking and the interest in adopting specific provisions which may, possibly, be included in an international arrangement.

VII. The Conference expresses the wish that the relevant international associations should be invited to agree on the measures to be taken by them to ensure the travel, to their destination country, of women or girls expelled by the authorities From another country or who would not have been allowed to stay there.

VIII. Referring to Article 2 of the 1904 Agreement, the Conference expressed the wish that Governments intervene with the administrations and transport companies to ensure free display, in railway stations and in the Ports, advertisements informing women and girls about the dangers of trafficking and indicating where refuge and assistance are reserved for them.

IX. The Conference shall express the wish that States which have not yet taken legislative or administrative measures, concerning the authorisation and supervision of employment agencies and offices, undertake to make regulations in this respect, in view Ensure the protection of women and children seeking work in another country.

X. The Conference shall vote that the Council of the League of Nations shall, in accordance with article 23 (c) of the Covenant 7 , the General Secretariat of the Society to ask all Members of the Society and the States that are Contracting Parties to the 1904 Agreement and the 1910 Convention to provide it annually with a report on the measures taken or Proposed by them, with a view to combating trafficking in women and children. These reports will be communicated In extenso Or in summary to all Members of the Society and to the Contracting Parties of the aforementioned acts, so that each country can benefit from the experience of others. For these purposes, the General Secretariat may prepare a draft questionnaire to be addressed to Governments.

The Conference also vow that international associations for the suppression of trafficking should be invited to submit an annual report on their activities to the General Secretariat. These reports will be communicated under the same conditions as those of governments.

XI. The Conference expresses the wish that a Commission, composed of five to six representatives of States and three to five assessors, be established as an advisory body to the League of Nations, to provide advice to the Council " on the subject of supervision General agreements on trafficking in women and children, as well as on all international issues relating to trafficking in women and children, which could be submitted to it for consideration. This Commission would have no authority or direct powers.

It will be for the Council of the League of Nations to appoint its members.

However, the Conference considers it necessary to make the following recommendations:

That the Council, as far as possible, take into account the general interests and geographical representation in the designation of the States represented and that one of the members be a representative of France, a country which has assumed certain functions In accordance with the Acts of 1904 and 1910, and which, in addition, will provide the Secretariat-General with all the documentation which it has entrusted with bringing together in accordance with these acts.

That the assessors represent:

The International Bureau for the Suppression of Trafficking;
2. An international women's organization;
3. The following international corporations, individually or collectively:
(a)
Jewish Association for the Protection of Young Girls;
(b)
International Catholic Association of Child Protection Works;
(c)
Fédération des Unions nationales des Amies de la jeune fille.

That the Consultative Commission meet as required on the invitation of the Council of the League of Nations.

That the expenses of each representative be borne by the State or Association that it represents.

That the Commission should be in close contact, through the assessors, with national and international organisations, in order to ensure liaison and cooperation between official and unofficial efforts to combat trafficking.

XII. The Conference expressed the wish that governments should examine the issue of trafficking in children and provoke the necessary research to discover and refer to the law enforcement courts.

It expressed the wish that governments would amend the provisions of their civil laws on adoption, if such provisions were such as to give rise to abuse.

XIII. The Conference expressed its wish to replace the words "trafficking in white" in the texts of international agreements with the words "trafficking in women and children".

XIV. The attention of the Conference having been drawn to the consequences arising, from the point of view of trafficking, of the individual or collective deportations of women and children, having a political or military character, the Conference shall have the duty to Ask the League of Nations to grant its intervention in order to remove such practices contrary to the laws of humanity.

XV. The Conference requests the Secretariat-General of the League of Nations to thank, on its behalf, the various associations whose wishes have been transmitted to it and to inform them that these wishes have been submitted for consideration by a Special Commission and that the The questions to which they relate have been the subject of either deliberation or decisions of the Conference.

The Conference shall decide that two original copies of the Final Act, signed by the delegates, shall be established. One such copy will be deposited in the archives of the Secretariat of the League of Nations 8 And the other made available to the Council.

The Conference expresses the wish that the Council of the League of Nations shall transmit the second record copy to the Government of France, which preserves in its archives the 1904 Agreement and the 1910 Convention.

Certified true copies will be issued to the Members of the Society and the States represented at the Conference.

In witness whereof, The delegates have signed this Act.

Done at Geneva, on the fifth of July, nine hundred and twenty-one, in two originals.

(Suivent signatures)


Scope on 31 March 2010 9

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Afghanistan

10 April

1935 A

10 April

1935

South Africa

28 June

1922

28 June

1922

Albania

13 October

1924

13 October

1924

Algeria

October 31

1963 A

October 31

1963

Germany

July 8

1924

July 8

1924

Australia

28 June

1922

28 June

1922

Norfolk Island

2 September

1936

2 September

1936

Austria

August 9

1922

August 9

1922

Bahamas

10 June

1976 S

10 July

1973

Belarus

21 May

1948 A

21 May

1948

Belgium

15 June

1922

15 June

1922

Brazil

August 18

1933

August 18

1933

Bulgaria

29 April

1925 A

29 April

1925

Canada

28 June

1922

28 June

1922

Chile

15 January

1929

15 January

1929

China

24 February

1926

24 February

1926

Hong Kong A

6 June

1997

1 Er July

1997

Macao B

13 December

1999

20 December

1999

Cyprus

May 16

1963 S

August 16

1960

Colombia

8 November

1934

8 November

1934

Cuba

7 May

1923

7 May

1923

Denmark

April 23

1931 A

1 Er January

1933

Egypt

13 April

1932 A

13 April

1932

Spain

12 May

1924 A

12 May

1924

Fiji

12 June

1972 S

10 October

1970

Finland

August 16

1926 A

August 16

1926

France

1 Er March

1926 A

1 Er March

1926

Ghana

7 April

1958 S

March 5

1957

Greece

April 9

1923

April 9

1923

Hungary

April 25

1925

April 25

1925

India *

28 June

1922

28 June

1922

Iran

28 March

1933

28 March

1933

Iraq *

15 May

1925 A

15 May

1925

Ireland

18 May

1934 A

18 May

1934

Italy *

30 June

1924

30 June

1924

Jamaica

July 30

1964 S

August 6

1962

Japan

15 December

1925

15 December

1925

Lebanon

2 June

1930 A

2 June

1930

Libya

17 February

1959 A

17 February

1959

Luxembourg

31 December

1929 A

31 December

1929

Macedonia

January 18

1994 S

17 November

1991

Madagascar

18 February

1963 A

18 February

1963

Malawi

25 February

1966 A

25 February

1966

Malta

24 March

1967 S

21 September

1964

Mauritius

18 July

1969 S

12 March

1968

Mexico

10 May

1932 A

10 May

1932

Monaco

18 July

1931 A

18 July

1931

Montenegro

23 October

2006 S

3 June

2006

Myanmar *

3 April

1939 S

1 Er April

1937

Nicaragua

12 December

1935 A

12 December

1935

Norway

August 16

1922

August 16

1922

New Zealand

28 June

1922

28 June

1922

Pakistan

12 November

1947 S

August 15

1947

Netherlands

19 September

1923

19 September

1923

Netherlands Antilles

19 September

1923

19 September

1923

Aruba

December 30

1985

1 Er January

1986

Philippines

September 30

1954 A

September 30

1954

Poland

8 October

1924

8 October

1924

Portugal

1 Er December

1923

1 Er December

1923

Czech Republic

December 30

1993 S

1 Er January

1993

Romania

September 5

1923

September 5

1923

United Kingdom

28 June

1922

28 June

1922

Gibraltar

18 September

1922 A

18 September

1922

Falkland Islands

8 May

1924 A

8 May

1924

Russia

18 December

1947 A

18 December

1947

Serbia

2 May

1929 A

2 May

1929

Sierra Leone

13 March

1962 S

April 27

1961

Singapore

7 June

1966 S

August 9

1965

Slovakia

28 May

1993 S

1 Er January

1993

Sudan

1 Er June

1932 A

1 Er June

1932

Sweden

9 June

1925

9 June

1925

Switzerland

20 January

1926

1 Er February

1926

Syria

2 June

1930 A

2 June

1930

Thailand *

July 13

1922

July 13

1922

Trinidad and Tobago

April 11

1966 S

August 31

1962

Turkey

15 April

1937 A

15 April

1937

Uruguay

21 October

1924 A

21 October

1924

Zambia

26 March

1973 S

24 October

1964

Zimbabwe

1 Er December

1998 S

18 April

1980

*

Reservations and declarations, see below.

A

From Sept. 18, Sept. From 1922 until 30 June 1997, the Convention was applicable to Hong Kong on the basis of a declaration of territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. Under the Sino-British Declaration of Dec. 1984, the agreements that were applicable to Hong Kong prior to its handover to the People's Republic of China remain applicable to the Hong Kong SAR.

From 11 August 1999 to 19 Dec. 1999, the Convention was applicable to Macao on the basis of a declaration of territorial extension of Portugal. From Dec 20. 1999, Macao became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 30 Dec. 1985, the Convention is also applicable to the Macao SAR from 20 Dec. 1999.

Reservations and declarations

India

India fully reserves the right to substitute the age of sixteen or any higher age which may later be fixed at the age limit prescribed in paragraph B of the Final Protocol of the Convention of 4 May 1910 10 And Article 5 of the Convention of 1921.

Iraq

The Government of Iraq wishes to reserve the right to set the age limit below that specified in Article 5 of the Convention.

Italy

Provided that the age limit for indigenous women and children, as indicated in Article 5, is reduced by 21 years to 16 years of age.

Myanmar

Same reservation as India.

Thailand

Thailand has reservations about the age limit prescribed in paragraph B of the final protocol of the 1910 Convention 11 And Article 5 of this Convention, as they apply to nationals of Siam (Thailand).


RO 12 36


1 RO 42 199. This approval took effect on 1 Er Feb 1926, day of the coming into force of the PMQ. 1925 on the repression of trafficking in women and children and the repression of the movement and trafficking of obscene publications [RO 42 9. RS 3 193 art. 398 al. 2 let. M]. Currently replaced by CP (RS 311.0 ).
2 RS 0.311.31
3 RS 0.311.32
4 RS 0.311.31
5 RS 0.311.32
6 RS 0.311.32 In fine.
7 [RO 36 667]
8 See note in para. 1 of the art. 9 of the Convention.
9 A version of the updated scope of application is published on the DFAE website (http://www.dfae.admin.ch/traites).
10 RS 0.311.32 In fine.
11 RS 0.311.32 In fine.


Status March 31, 2010