|
To the beloved of the Lord and the handmaids of the Merciful throughout the West. You will recall the references made in my previous communications, dated November 6, 1925, October 29, 1926, and January 1, 1929, to the forcible seizure of Baha'u'llah's sacred house by the Shi'ah of Baghdad, to the appeals which from almost every quarter of the globe have showered upon the authorities of Iraq for its restitution, to the long and unsuccessful legal proceedings to which the representatives of the Faith in that land have resorted, and lastly to the petition which they have addressed to the League's Permanent Mandates Commission setting forth the history of the case and appealing for the intervention of the Council in their behalf. I am now informed that after mature deliberation the conclusion arrived at by the Mandates Commission, urging that prompt action be taken to redress the wrong suffered by the Baha'is, has been duly communicated to, and adopted by, the Council of the League, which in turn will formally communicate the recommendations of its Commission to the Mandatory Power (175:9) Decision of League of Nations A glance at the minutes of the Commission's meeting will suffice to reveal that in the course of the lengthy discussions conducted by the members of the Commission the following important facts have been stressed and recognized. The British accredited representative, present at the sessions of the Commission, has declared that "it was a fact that the Mandatory Power had recognized that the Baha'is had suffered an injustice and, ever since the award made by the High Court, the High Commissioner had been considering what means could be found to remove, either by an executive act or otherwise, the unjust effects of that decision." Moreover, it has been acknowledged by the accredited representative that the Baha'is had been in bonafide occupancy of the property, that they had expended on it sums that exceeded the value of the site itself, and were thus, in accordance with the provision in the still operative Turkish Law, entitled to purchase the site. Allusion has also been made in the course of the deliberations of the members of the Commission to the fact that the action of the Shi'ah community with respect to Baha'u'llah's sacred house constituted a breach of the Constitution and the Organic Law of Iraq which, according to the testimony of the British accredited representative, expressly provided for the unfettered freedom of conscience. A question from one of the members had even elicited from the representative of the British Government the reply assuring the Commission that the Mandatory Power actually possessed means of exercising pressure on the authorities in order, if necessary, to insure that so fundamental an article in the Constitution would be respected. Furthermore, the opinion has been strongly expressed that the matter had assumed an "importance which exceeded that of the individual case of the Baha'is," inasmuch as "the judgment of the High Court was suspected of having been inspired by political prejudice," with the consequent impression on the Commission that "from a moral point of view, conditions in Iraq were not improving; that religious passions still ran high and that peace had not yet been brought about between the various religious communities." It has even been proposed to supplement the report submitted to the Council with the observation that, in the opinion of the Commission, "a country in which the Sovereign and the highest law courts are capable of so flagrant a denial of justice would probably not be considered to be eligible to become a Member of the League of Nations." The minutes of the Commission's meeting further indicate that the contents of the letter addressed by the Prime Minister of Iraq to the British representative in Baghdad and which accompanied the text of the petition of the Baha'is do not in the opinion of the Commission "meet any of the allegations of the petitioners" and are confined to a mere assertion that the judgment of the Court of Appeal was pronounced in accordance with the laws of the land. As to the memorandum submitted by the Mandatory Power in connection with the Baha'i petition, and to which the minutes briefly refer, it is expressly stated that His Britannic Majesty's Government considers the ejectment of the Baha'is while the case was still undecided to have been an illegal action, that the reasons adduced to justify such action were hardly admissible, and that the final verdict of the Court of Appeal is unsustainable, contrary to the law, and tainted by political considerations. The minutes further declare that although any petition presented to the Commission appealing from a decision given by a Court of Law is to be considered as not being in order, yet as the petition submitted by the Baha'is reveals such a state of partiality, servility and sectarianism it has been found desirable to depart from the general rule and to regard the petition in question as receivable by the Commission. And among the concluding observations in the minutes of the Commission's meeting regarding the Baha'i petition is this significant passage: "The revelations made in connection with this petition show the present position in Iraq in an unfavorable light. In a country where the conduct of the highest authorities has led the Mandatory Power to pass such severe criticisms, where the Supreme Court of Justice is under legitimate suspicion, and where religious fanaticism pursues minorities and controls power, a state of affairs prevails which is not calculated to insure the development and well-being of the inhabitants. The petitioners have suffered a serious denial of justice the direct responsibility for which rests on the authorities of Iraq. The fact that this denial of justice could not be prevented or immediately made good was due to the weakening of the Mandatory Power's control in Iraq. The Mandatory attempted, but in vain, to redress the injury done to the petitioners by using the means of influence at its disposal under the regime set up by the 1922 Treaty vis-a-vis King Feisal and the Iraq Government. These efforts would not appear to correspond fully to the engagements resulting from the British Government's declaration, which was approved by the Council on September 27, 1924, and renewed by the British Government in 1926, whereby the Treaty of Alliance between the British Government and Iraq 'was to insure the complete observance and execution in Iraq of the principles which the acceptance of the mandate was intended to secure.'" (176:1) This grave censure pronounced by the Mandates Commission of the League of Nations on the administration of justice and the general conduct of affairs in Iraq, as well as the association of the humiliation afflicting Baha'u'llah's sacred dwelling-place with the obligations implied in the Treaty of Alliance binding the Governments of Great Britain and Iraq, not only proclaim to the world the enhanced prestige of that hallowed and consecrated spot, but testify as well to the high sense of integrity that animates the members of the League's honored Commission in the discharge of their public duties. In their formal reply to the Baha'i petitioners, the members of the Permanent Mandates Commission have, with the sanction of the Council of the League of Nations, issued this most satisfactory declamation: "The Permanent Mandates Commission, recognizing the justice of the complaint made by the Baha'i Spiritual Assembly of Baghdad, has recommended to the Council of the League such action as it thinks proper to redress the wrong suffered by the petitioners." A similar passage inserted in the report of the Finnish Representative to the Council of the League runs as follows: "The Commission has also considered a petition from the National Spiritual Assembly of the Baha'is of Iraq, a community which has been dispossessed of its property by another community and has been unable to recover it by legal means. The Commission is convinced that this situation, which is described as an injustice, must be attributed solely to religious passion, and it asks that the petitioner's wrongs should be redressed. I venture to suggest that the Council should accept the Mandate Commission's conclusions on this case, which is an example of the difficulties to be met with in the development of a young country." This report, together with the joint observations and conclusions of the Commission, have been duly considered and approved by the Council of the League, which has in turn instructed the Secretary-General to bring to the notice of the Mandatory Power, as well as the petitioners concerned, the conclusions arrived at by the Mandates Commission (178:1) Dearly-beloved co-workers! Much has been achieved thus far in the course of the progress of this complicated, delicate and highly significant issue. The Baha'i world is eagerly expectant, and fervently prays, that the Almighty may graciously assist the Government chiefly responsible for the well-being of Iraq to take "without delay" such steps as will insure the execution of the considered judgment of the representatives of the Sovereign States, members of the Council, and signatories of the Covenant, of the League of Nations (179:1) I will, if deemed proper and advisable, inform you of the manner in which the admiration and the gratitude of the National Spiritual Assemblies, representative of the divers communities in the Baha'i world, should be expressed and tendered to the authorities of the League of Nations who have been chiefly responsible for this noble, this epoch-making decision. For none can doubt that the published verdict pronounced by the Mandate Commission sets the seal of international sanction on the triumph of God's persecuted Faith over the ecclesiastical and civil powers of hostile Islam. Within the ranks of the orthodox Sunnis and of the bitter and fanatical Shi'ah, the chief sects of the Muslim Faith and constituting respectively the bulk of the ruling class and the population of Iraq, a feeling of consternation must necessarily prevail. For however obscured their vision they still can recognize in this historic judgment the herald of that complete victory which is destined to establish the ascendancy of what, in the words of the members of the Commission, is but "a small minority, drawn from a lower social grade, and possessing neither political nor social influence," over the combined forces of the Islamic population of Iraq (179:2) I must not fail in conclusion to refer once again to the decisive role played by that distinguished and international champion of the Faith of Baha'u'llah, our dearly-beloved Mountfort Mills, in the negotiations that have paved the way for the signal success already achieved. The text of the Baha'i petition, which he conceived and drafted, has been recognized by the members of the Mandates Commission as "a document well-drafted, clear in its argument and moderate in tone." He has truly acquitted himself in this most sacred task with exemplary distinction and proved himself worthy of so noble a mission. I request you to join with me in my prayers for him, that the Spirit of Baha'u'llah may continue to guide and sustain him in the final settlement of this most mighty issue. |