March 20. On this date in 1929, Shoghi Effendi wrote (also here) "with a heart overflowing with thankfulness and joy" about a March 3, 1929, League of Nations Council resolution upholding the Bahá'í community's claim to Bahá'u'lláh's house in Baghdad.
To the beloved of the Lord and the handmaids of the Merciful throughout the West.
Dearly-beloved brothers and sisters in 'Abdu'l-Baha:
With a heart overflowing with thankfulness and joy I take my pen to share with you tidings that eloquently testify to the triumphant majesty and unconquerable spirit of the Faith of Baha'u'llah. From Geneva, the seat of the League of Nations, there comes the news that the fervent plea addressed by the Baha'is of 'Iraq to the world's supreme Tribunal regarding an issue that for a time has stirred the Baha'i world to its foundation has at last met with a noble and most gratifying response.
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'i'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.
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 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 no 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 indicated 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.'"
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 the formal reply to the Baha'i petitions, 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 things 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 which 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.
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.
On
September 11, 1928, the Bahá'ís of Baghdád..."through the High
Commissioner for Iraq...approached the League's Permanent Mandates
Commission, charged with the supervision of the administration of all
Mandated Territories, and presented a petition" about Bahá'u'lláh's
Baghdad house." As written by Shoghi Effendi in God Passes By...
It is somewhat ironic, that in the lead-up to the invasion of Iraq in 2003, the false information of Iraq's purported possession of weapons of mass destruction was leaked to the media by DavidKelly, a Bahá’í authority on biological warfare, employed by the British Ministry of Defence, and formerly a weapons inspector with the United Nations Special Commission in Iraq. David Kelly was found dead from an apparent suicide on July 17, 2003, two days after appearing before a before a parliamentary Foreign Affairs Select Committee.
On August 11, 2003, The Independent carried an article about David Kelly, noting "In October 2002, Dr Kelly gave a slide show and lecture about his experiences as a weapons inspector in Iraq to a small almost private gathering of the Baha'i faith, which aims to unite the teachings of all the prophets. Dr Kelly had converted to the religion three years earlier, while in New York on attachment to the UN. When he returned to England he became treasurer of the small but influential Baha'i branch in Abingdon near his home. Roger Kingdon, a member, recalls: 'He had no doubt that [the Iraqis] had biological and chemical weapons. It was clear that David Kelly was largely happy with the material in the dossier.'"
Of a more serious nature, and productive of still greater repercussions, was the unlawful seizure by the Shí'ahs of Iraq, at about the same time that the keys of the Tomb of Bahá'u'lláh were wrested by the Covenant-breakers from its keeper, of yet another Bahá'í Shrine, the House occupied by Bahá'u'lláh for well nigh the whole period of His exile in Iraq, which had been acquired by Him, and later had been ordained as a center of pilgrimage, and had continued in the unbroken and undisputed possession of His followers ever since His departure from Baghdád. This crisis, originating about a year prior to 'Abdu'l-Bahá's ascension, and precipitated by the measures which, after the change of regime in Iraq, had, according to His instructions, been taken for the reconstruction of that House, acquired as it developed a steadily widening measure of publicity. It became the object of the consideration of successive tribunals, first of the local Shí'ah Ja'faríyyih court in Baghdád, second of the Peace court, then the court of First Instance, then of the court of Appeal in Iraq, and finally of the League of Nations, the greatest international body yet come into existence, and empowered to exercise supervision and control over all Mandated Territories. Though as yet unresolved through a combination of causes, religious as well as political, it has already remarkably fulfilled Bahá'u'lláh's own prediction, and will, in its own appointed time, as the means for its solution are providentially created, fulfill the high destiny ordained for it by Him in His Tablets. Long before its seizure by fanatical enemies, who had no conceivable claim to it whatever, He had prophesied that "it shall be so abased in the days to come as to cause tears to flow from every discerning eye."
The Spiritual Assembly of the Bahá'ís of Baghdád, deprived of the use of that sacred property through an adverse decision by a majority of the court of Appeal, which had reversed the verdict of the lower court and awarded the property to the Shí'ahs, and aroused by subsequent action of the Shí'ahs, soon after the execution of the judgment of that court, in converting the building into waqf property (pious foundation), designating it "Husayníyyih," with the purpose of consolidating their gain, realized the futility of the three years of negotiations they had been conducting with the civil authorities in Baghdád for the righting of the wrong inflicted upon them. In their capacity as the national representatives of the Bahá'ís of Iraq, they, therefore, on September 11, 1928, through the High Commissioner for Iraq and in conformity with the provisions of Art. 22 of the Covenant of the League of Nations, approached the League's Permanent Mandates Commission, charged with the supervision of the administration of all Mandated Territories, and presented a petition that was accepted and approved by that body in November, 1928. A memorandum submitted, in connection with that petition, to that same Commission, by the Mandatory Power unequivocally stated that the Shí'ahs had "no conceivable claim whatever" to the House, that the decision of the judge of the Ja'faríyyih court was "obviously wrong," "unjust" and "undoubtedly actuated by religious prejudice," that the subsequent ejectment of the Bahá'ís was "illegal," that the action of the authorities had been "highly irregular," and that the verdict of the Court of Appeal was suspected of not being "uninfluenced by political consideration."
"The Commission," states the Report submitted by it to the Council of the League, and published in the Minutes of the 14th session of the Permanent Mandates Commission, held in Geneva in the fall of 1928, and subsequently translated into Arabic and published in Iraq, "draws the Council's attention to the considerations and conclusions suggested to it by an examination of the petition... It recommends that the Council should ask the British Government to make representations to the Iraq Government with a view to the immediate redress of the denial of justice from which the petitioners have suffered."
The British accredited representative present at the sessions of the Commission, furthermore, stated that "the Mandatory Power had recognized that the Bahá'ís had suffered an injustice," whilst allusion was made, in the course of that session, to the fact that the action of the Shí'ahs constituted a breach of the constitution and the Organic Law of Iraq. The Finnish representative, moreover, in his report to the Council, declared that this "injustice must be attributed solely to religious passion," and asked that "the petitioner's wrongs should be redressed."
The Council of the League, on its part, having considered this report as well as the joint observations and conclusions of the Commission, unanimously adopted, on March 4, 1929, a resolution, subsequently translated and published in the newspapers of Baghdád, directing the Mandatory Power "to make representations to the Government of Iraq with a view to the immediate redress of the injustice suffered by the Petitioners." It instructed, accordingly, the Secretary General to bring to the notice of the Mandatory Power, as well as to the petitioners concerned, the conclusions arrived at by the Commission, an instruction which was duly transmitted by the British Government through its High Commissioner to the Iraq Government.
A letter dated January 12, 1931, written on behalf of the British Foreign Minister, Mr. Arthur Henderson, addressed to the League Secretariat, stated that the conclusions reached by the Council had "received the most careful consideration by the Government of Iraq," who had "finally decided to set up a special committee ... to consider the views expressed by the Bahá'í community in respect of certain houses in Baghdád, and to formulate recommendations for an equitable settlement of this question." That letter, moreover, pointed out that the committee had submitted its report in August, 1930, that it had been accepted by the government, that the Bahá'í community had "accepted in principle" its recommendations, and that the authorities in Baghdád had directed that "detailed plans and estimates shall be prepared with a view to carrying these recommendations into effect during the coming financial year."On July 17, 2013, the Universal House of Justice sent a letter "to the Bahá’ís of the World" announcing "with utter shock and desolating grief that the Bahá’ís in Baghdad discovered on 26 June that the “most holy habitation” of Bahá’u’lláh had been razed almost to the ground to make way for the construction of a mosque," at the end of what the Universal Hose of Justice calls a "highly delicate situation in Iraq over the last tumultuous decade."
No need to dwell on the subsequent history of this momentous case, on the long-drawn out negotiations, the delays and complications that ensued; on the consultations, "over a hundred" in number, in which the king, his ministers and advisers took part; on the expressions of "regret," of "surprise" and of "anxiety" placed on record at successive sessions of the Mandates Commission held in Geneva in 1929, 1930, 1931, 1932 and 1933; on the condemnation by its members of the "spirit of intolerance" animating the Shí'ah community, of the "partiality" of the Iráqí courts, of the "weakness" of the civil authorities and of the "religious passion at the bottom of this injustice"; on their testimony to the "extremely conciliatory disposition" of the petitioners, on their "doubt" regarding the adequacy of the proposals, and on their recognition of the "serious" character of the situation that had been created, of the "flagrant denial of justice" which the Bahá'ís had suffered, and of the "moral debt" which the Iraq Government had contracted, a debt which, whatever the changes in her status as a nation, it was her bounden duty to discharge.
Nor does it seem necessary to expatiate on the unfortunate consequences of the untimely death of both the British High Commissioner and the Iráqí Prime Minister; on the admission of Iraq as a member of the League, and the consequent termination of the mandate held by Great Britain; on the tragic and unexpected death of the King himself; on the difficulties raised owing to the existence of a town planning scheme; on the written assurance conveyed to the High Commissioner by the acting Premier in his letter of January, 1932; on the pledge given by the King, prior to his death, in the presence of the foreign minister, in February, 1933, that the House would be expropriated, and the necessary sum would be appropriated in the spring of the ensuing year; on the categorical statement made by that same foreign minister that the Prime Minister had given the necessary assurances that the promise already made by the acting Premier would be redeemed; or on the positive statements made by that same Foreign Minister and his colleague, the Minister of Finance, when representing their country during the sessions of the League Assembly held in Geneva, that the promise given by their late King would be fully honored.
Suffice it to say that, despite these interminable delays, protests and evasions, and the manifest failure of the Authorities concerned to implement the recommendations made by both the Council of the League and the Permanent Mandates Commission, the publicity achieved for the Faith by this memorable litigation, and the defense of its cause--the cause of truth and justice--by the world's highest tribunal, have been such as to excite the wonder of its friends and to fill with consternation its enemies. Few episodes, if any, since the birth of the Formative Age of the Faith of Bahá'u'lláh, have given rise to repercussions in high places comparable to the effect produced on governments and chancelleries by this violent and unprovoked assault directed by its inveterate enemies against one of its holiest sanctuaries.
"Grieve not, O House of God," Bahá'u'lláh Himself has significantly written, "if the veil of thy sanctity be rent asunder by the infidels. God hath, in the world of creation, adorned thee with the jewel of His remembrance. Such an ornament no man can, at any time, profane. Towards thee the eyes of thy Lord shall, under all conditions, remain directed." "In the fullness of time," He, in another passage, referring to that same House, has prophesied, "the Lord shall, by the power of truth, exalt it in the eyes of all men. He shall cause it to become the Standard of His Kingdom, the Shrine round which will circle the concourse of the faithful."
To the bold onslaught made by the breakers of the Covenant of Bahá'u'lláh in their concerted efforts to secure the custodianship of His holy Tomb, to the arbitrary seizure of His holy House in Baghdád by the Shí'ah community of Iraq, was to be added, a few years later, yet another grievous assault launched by a still more powerful adversary, directed against the very fabric of the Administrative Order as established by two long-flourishing Bahá'í communities of the East, culminating in the virtual disruption of these communities and the seizure of the first Mashriqu'l-Adhkár of the Bahá'í world and of the few accessory institutions already reared about it.
It is somewhat ironic, that in the lead-up to the invasion of Iraq in 2003, the false information of Iraq's purported possession of weapons of mass destruction was leaked to the media by DavidKelly, a Bahá’í authority on biological warfare, employed by the British Ministry of Defence, and formerly a weapons inspector with the United Nations Special Commission in Iraq. David Kelly was found dead from an apparent suicide on July 17, 2003, two days after appearing before a before a parliamentary Foreign Affairs Select Committee.
On August 11, 2003, The Independent carried an article about David Kelly, noting "In October 2002, Dr Kelly gave a slide show and lecture about his experiences as a weapons inspector in Iraq to a small almost private gathering of the Baha'i faith, which aims to unite the teachings of all the prophets. Dr Kelly had converted to the religion three years earlier, while in New York on attachment to the UN. When he returned to England he became treasurer of the small but influential Baha'i branch in Abingdon near his home. Roger Kingdon, a member, recalls: 'He had no doubt that [the Iraqis] had biological and chemical weapons. It was clear that David Kelly was largely happy with the material in the dossier.'"
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