مجموعة ٣٠/٩٠ "المطالبة الفارسية بجزيرة البحرين" [ظ‎‎١‎١‎٤] (١٠٦٢/٢٣٣)

36
Aitcbu, XIII,
No, v, 53.
Aitch., XIII,
No. rii, 60.
Aitch., XIII,
No. xviii, 81.
(9) Closeness of Relations at the present Day between Persia and Bahrein
The Sheikhs of Bahrein are strongly opposed to any recognition of Persian
suzerainty Up. paragraph 139). The Persian suggestion that relations are at
the present time closer between Persia and Bahrein than between Bahrein and
any other independent civilised State is without foundation. Relations are at
least equally close with Saudi Arabia, and the closest relations are maintained
in addition with Great Britain and with British India.
The Terms of the Treaties of 1809, 1814 and 1857 between the British
/ ^ /W) if n /Y) /7 1^ D If* Q I f!
149. In addition to the nine arguments examined above, Persia has on
more than one occasion appealed to the provisions oi her treaties of 1809, 1814
and 1857 with the British Government in connection with her claim to Bahrein.
Her appeal is based substantially on the fact that those treaties provide in
certain circumstances for the evacuation of Persian territory occupied by British
troops. The relevant passages of the treaties are as follows :
(i) By the pveliTtiiiiCLTy Treaty of 1809 between His Majesty s Government
and Persia, the Persian Government undertook not to permit any European
force whatever to pass through Persia either towards India or towards the ports
of that country”; while His Majesty’s Government undertook in case any
European forces have invaded or shall invade the territories of His Majesty the
King of Persia to " afford to His Majesty the King of Persia a force, or in lieu
of it a subsidy, with warlike ammunition . . . and officers. ...”
Article 5 of the same treaty provided : “ If a detachment of British troops
has arrived from India in the Gulf of Persia and, by the consent of His Persian
Majesty, landed on the island of Karak or any of the Persian ports, they shall
not in any manner possess themselves of such places, and from the date of these
preliminary articles the said detachment shall be at the disposal of His Majesty
the King of Persia, the amount of which shall be settled in the definitive treaty. ’
Article 6 provided that “ If the said troops remain by the desire of His
Majesty the King of Persia either at Karak or at any other port in the Gulf
of Persia” they shall be treated in a friendly manner by the Governor and
arrangements made for the supply to them of provisions, &c., at fair prices.
(ii) Treaty of 1814.—Article (2) provides that “His Britannic Majesty
further engages not to interfere in any dispute which may hereafter arise between
the Princes, noblemen and great chiefs of Persia, and if one of the contending
parties should even offer a Province of Persia with a view to obtaining assistance,
the English Government shall not agree to such proposal, nor by adopting it
possess themselves of such part of Persia.”
Article 11 provided that “ Should His Persian Majesty require assistance
from the English Government in the Persian Gulf, they shall, if convenient and
practicable, assist him with ships of war and troops. The expenses of such
expedition shall be accounted for and defrayed by the Persian Government, and
the above ships shall anchor in such ports as shall be pointed out by the Persian
Government and not at other harbours without permission, except from absolute
necessity.”
(iii) The Treaty of Peace of kth March, 1857, drawn up on the conclusion
of the war between Persia and Great Britain, provided that “ Peace being
happily concluded between Their said Majesties, it is hereby agreed that the
forces of H.M. the Queen shall evacuate Persian territory, subject to the con
ditions and stipulations hereafter specified” (Art. 2), and that “immediately
on the exchange of the ratifications of this treaty the British troops will desist
from all acts of hostility against Persia, and the British Government engages
further that as soon as the stipulations in regard to evacuation by the Persian
troops of the Herat and Afghan territories as well as in regard to the reception
of the British Mission at Tehran shall have been carried into full effect, the
British troops shall without delay be withdrawn from all parts, places and islands
belonging to Persia . . . .”
If Bahrein were Persian territory and if it had been occupied by British
forces at the times envisaged by the treaty provisions to which appeal is made
by Persia, there might be some force in the Persian argument! though even
then His Majesty’s Government might claim that the fact that their actual
relations with Bahrein had in no way been affected by the provisions of those
treaties, and that Persia had made no protest at the time against any failure
to implement those provisions clearly showed that Persia had accepted in the
past the fact that Bahrein fell outside her territorial limits. In fact, neither