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'File 61/22 I (D 116) Bahra Agreement: meeting of tribunal under the ---, 1930. Also bound with this file is 61/23:- treaty between Nejd & Kuwait' [‎29r] (67/422)

The record is made up of 1 volume (209 folios). It was created in 6 Feb 1920-12 Aug 1931. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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46
(84)
Letter from the Hon'ble the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulp,
to the Colonial Office, No. 11, dated the 25th March 1930./ ^
I have the honour to invite a reference to telegram No. 2300, elated
the 24th February 1930, from His Excellency the High Commissioner for
Iraq, regarding the conference of the two Kings.
2. In paragraph 2 of that telegram His Excellency the High Com
missioner reported that both the Kings had agreed that a tribunal for the
adjudication of claims in accordance with the provisions of the Bahra
agreement should assemble at Kuwait in June under the presidency The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent. of
either Colonel Dickson or Major Fowle as might be decided by His
Majesty's Government.
3. For the reasons given in my telegram No. 40 of the 22nd February
[Serial No. (40)], I consider that it would be preferable that Colonel
Dickson should not preside : on the other hand Major Fowle has a good
knowledge of the language and some judical training, has served in Iraq,
Aden and other Arabian ports, and could of course avail himself of Colonel
Dickson's local knowledge of tribal customs, etc., if necessary. Further,
I could make his services available for the purpose any time during the
summer, as Captain 'Russell could act temporarily as Secretary as he did
last summer. I trust therefore that His Majesty's Government will agree
to his appointment as president of the tribunal.
4. It would seem desirable however that certain points of procedure
and tribal custom should be clarified before the tribunal is convened,
irrespective of the question of who is to be president, and Major Fowle
has prepared a note on such points as have occurred to him which I for
ward herewith for the consideration of His Majesty's Government.
5. It would certainly seem desirable in order to avoid subsequent
delay that an agreement regarding these matters should be arrived at be
fore the tribunal assembles, and I would therefore venture to suggest that,
if His Majesty's Government see no objection, the two Governments should
be invited to exchange lists of their claims as soon as possible and to sav
whether they agree to the procedure outlined in the draft note at page 36
of Colonial Office Print Middle East No. 28 being followed mutatis
mutandis by the proposed tribunal under the Bahra agreement.
6. I am sending copies of this despatch to the Government of India,
His Excellency the High Commissioner for Iraq, and His Maiestv's
Charge d'Affaires at Jeddah. ^ ' y/ , , /
j /. UsU.d. -I- 3 *
Enclosure to Serial No. (84). ^ ^3 ^ s <*
(Note dated the 12th March 1930, by Major T. C. W. Fowle, CJ3.E.,
Secretary to the Hon ble the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian
Gulf.)
'Suggestions regarding procedure for the Iraq-Nejd Special {Bahra)
T ribunal.
* ith regard to the Special Tribunal to be convened under Article 2
i tll ^ J ;5 lll ' a . A g reem ^t, in view of the fact that the Tribunal has not
neon held before, that therefore there are no precedents as to procedure,
and that—so far as I am aware—no such procedure has been laid down,
1 venture to make the following tentative suggestions which may possibly
save time, avoid unnecessary friction, and preclude the referring to tlie
t 1 f Questions which it will be outside his competence to decide
i snould like to emphasise the fact that the making of these suggestions in
no way compromises the position of the neutral President, since thev
cannot come into force unless both parties agree to them.
such ap |"i 0 u ha* already been taken, in order that both
1 aities may have previous knowledge of the claims to be preferred against

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Content

The volume contains two separate but related subject files: on the Bahra Tribunal (folios 1-80) and on a proposed treaty between Kuwait and the Kingdom of Nejd and Hejaz (folios 81-198). Both parts consist of correspondence relating to their subjects.

The correspondents in both parts include Francis Humphrys, High Commissioner for Iraq, Harold Dickson, Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. at Kuwait, the British Charge d'Affaires at Jeddah, Hugh Biscoe, Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. at Bushire, the Government of India, the Foreign Office, Colonial Office, and India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. in London, Sheikh Aḥmad, Ruler of Kuwait, Ibn Sa‘ud, King of Najd and Hejaz, and the Government of Iraq.

The first part deals with the following matters:

  • organisation of the tribunal, including suggestions for time, location and who (of the British officers) will preside over proceedings;
  • what claims for compensation will be considered, specifically whether to permit submission for claims from raids prior to November 1927 (date of the Busaiya Raid);
  • the payment of a lump sum of £10,000 to be made by Ibn Sa‘ud to Kuwait and Iraq.
  • the applications to migrate to Syria of rebel Najd subject, Ibn Mashhur.

Folios 77-80 are internal office notes.

The second part deals with the proposals and preparations for a treaty between Kuwait and Najd. It includes suggestions of a meeting between the rulers of the two countries and a discussion about the future of Kuwait as an independent nation. Folios 122-124 contain a copy of the draft agreement.

Folios 195-198 are internal office notes.

Extent and format
1 volume (209 folios)
Arrangement

The volume is split into two parts, each a subject file itself, and each part is arranged chronologically.

Physical characteristics

Foliation: the sequence starts on the first folio and continues through to the last. It is written in pencil in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Foliation anomalies: 1a, 1b, 1c, 1d; 12, 12a; 132, 132a; 150, 150a; 188, 188a; 193, 193a. There is no folio number ‘1’. There are other intermittent and inconsistent numbering systems which are often crossed out.

Written in
English in Latin script
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'File 61/22 I (D 116) Bahra Agreement: meeting of tribunal under the ---, 1930. Also bound with this file is 61/23:- treaty between Nejd & Kuwait' [‎29r] (67/422), British Library: India Office Records and Private Papers, IOR/R/15/1/600, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100023517561.0x000044> [accessed 20 April 2024]

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