From the official text of the minutes of the meeting of the Mandates
Commission, as well as from its authorized report to the Council, both of
which have been made public, it is clear and evident that the terms of the
conclusion arrived at are neither vague nor evasive, but set forth in
unmistakable language the legitimate aspirations of an oppressed and
struggling Faith. The decision neither implies compensation to the Baha'i
Community for the loss of the sacred buildings, nor does it expressly
provide for the expropriation of the property by the State. To quote from
the text of the official document, the Commission has resolved "to
recommend the Council to ask the British Government to call upon the
Government of 'Iraq to redress without delay the denial of justice from
which the petitioners have suffered."
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 _Sh_i'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 Ba_gh_dad 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.'"
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 Ba_gh_dad, 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.
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.
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 _Sh_i'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.
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.
Your true brother,
SHOGHI.
Haifa, Palestine,
March 20, 1929.
Letter of October 25, 1929.
The beloved of the Lord and the handmaids of the Merciful throughout the
United States and Canada.
My well-beloved friends:
Ever since that remarkable manifestation of Baha'i solidarity and
self-sacrifice which has signalized the proceedings of last year's
memorable Convention, I have been expectantly awaiting the news of a
steady and continuous support of the Plan which can alone insure, ere the
present year draws to its close, the resumption of building operations on
our beloved Temple.