Page 146 - Historical Summaries (Persian Gulf - Vol II) 1907-1953
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Cd) India and Pakistan
53. The Ruler will not allow Hindus to reside in Dohah and there are very
few Indians resident in the peninsula who are not in the employ of the oil companies.
It has been agreed with the Ruler’s concurrence that when an Indian Trade Agent
is appointed at Bahrain he should represent Indian interests in Qatar.(”) Meanwhile
under an informal arrangement a member of the Indian Legation at Bagdad is
permitted to visit Qatar from time to time to look after Indian interests (cf.
chapter 2, paragraph 94).
54. A similar arrangement exists with regard to the Pakistani Legation at
Bagdad but no representative from it has yet visited Qatar. A substantial number
of Pakistanis are employed by the oil companies and the Qatar Government and
some reside and do business in Qatar. Large numbers of destitute Pakistani
pilgrims arrive from time to time with the intention of performing the pilgrimage
to Mecca by land. They are not allowed to proceed by the Saudis and the Qatar
Government are forced to house and feed them until the Political Agency can
arrange for their repatriation. Representations have been made to the Government
of Pakistan who appear to find it difficult to prevent the departure of these pilgrims.
(e) The United States of America
55. Qatar is informally within the jurisdiction of the United States Consulate-
General at Dhahran, and a Consular Officer from that place visits the peninsula
occasionally. Visits are also received from United States warships. Since the
termination of the Superior Oil Company’s off-shore concession American interests
are confined to their share in the Qatar Petroleum Company and the few Americans
in that company’s employ.
VI.—Miscellaneous
(a) Jurisdiction
56. The question of jurisdiction in Qatar did not arise until negotiations
between the Anglo-Persian Oil Company and the Ruler for a concession began in
1933 (paragraph 26 above), when the latter wished to insert a clause in the
agreement providing for the settlement of any dispute between the company’s
foreign employees and his subjects in his Courts under Muhammadan law. His
Majesty’s Government informed him that they could not accept this condition and
he eventually agreed that disputes between British subjects, British-protected
persons and the subjects of non-Muslim foreign Powers should be settled by the
nearest officer of His Majesty’s Government and that disputes between British
subjects, British-protected persons and the subjects of non-Muslim foreign Powers,
and his subjects or the subjects of Muslim foreign Powers should be dealt with by
a Joint Court (Appendix D (i)). He made this agreement conditional upon the
acknowledgement of his son Hamad as heir apparent which was accorded. In the
letter replying to him (Appendix B) it was agreed that the subjects of the other Gulf
! Shaikhdoms (who are British-protected persons) should come under his jurisdiction.
57. In 1937 a draft Order-in-Council based on this cession of jurisdiction was
shown to the Ruler. He objected to certain points and demanded an assurance
that the foreign Governments whose Muslim subjects came under his jurisdiction
would not raise any objection. His own objections were met and he was informed
in writing that he need have no anxiety in regard to objections by foreign
Governments to his exercising jurisdiction over their Muslim subjects in Qatar
provided he dealt with their cases justly.(9a) The Order-in-Council was issued on
November 4, 1938, but as it contained a number of drafting errors was replaced
by another Order on March 9, 1939. An Order issued on September 5, 1939,
empowered the Political Resident to make Defence Regulations for Qatar. A new
Order-in-Council was issued in 1949 to introduce changes rendered necessary by
the transfer of responsibility for dealings with the Gulf Shaikhdoms from the
Government of India to His Majesty’s Government.
(*‘) C.R.O. to F.O. F 4170/13 of March 7. 1951 (EA 1905/5 of 1951).
(”) I.O. to F.O. P.Z. 4508/38 of July 4. 1938 (E 3968/1335/91 of 1938).