Dear Bahá'í Friend,
The Universal House of Justice has received your letter of 28 September 1982 concerning various aspects of National Conventions, and has instructed us to send you the following comments.
The House of Justice does not judge it timely to issue any general compilation on the nature and functioning of National Conventions.
The principles are already clearly stated in the Constitution of the National Spiritual Assembly and in existing publications. However, for assistance to you in your study of the matter, we are instructed to share with you the following excerpts.
From letters of the Universal House of Justice
1. "Normal Convention procedure would call for a
tellers’ report announcing the names of the nine believers elected to the
National Spiritual Assembly plus statistical information as to the balance of
the votes cast. However, if the Convention votes to have the complete report of
the tellers, or any part of it, the Convention is entitled to have the
information which will thereupon be presented by the tellers in accordance with
the vote of the Convention." (16 December 1965)
2. "As you will see from the passage in the National Constitution which you quote, '...any matter pertaining to the Faith introduced by any of the delegates may, upon motion and vote, be taken up as part of the deliberation of a Convention'. However, the Constitution is silent as to whether the Convention may delete or change items on the agenda submitted by the National Assembly. Obviously the National Assembly is the ultimate authority in secondary matters not covered in the Constitution, but at the same time it would probably not want to interfere with the conducting of the Convention unless the vital interests of the Faith were to demand it or basic principles were being violated." (16 September 1969)
3. "National Conventions, like all other national Bahá'í activities, are under the jurisdiction of the National Spiritual Assembly. Until a new National Spiritual Assembly is announced the outgoing one is still in office and responsible for the affairs of the national Bahá’í community. While Convention officers and tellers are appointed by the Convention all questions of procedure, including those which you suggest might arise, should be referred to the National Spiritual Assembly. You suggest that there might not be a quorum of the National Spiritual Assembly present but it is the duty of that body to make arrangements for such eventualities, particularly at such an important occasion as the National Convention." (25 February 1971)
4. "The National Spiritual Assembly may assert its sovereign authority to curtail the freedom of a delegate if the delegate's intention or action is considered by the Assembly to be harmful to the Cause,..." (18 December 1974)
From letters written on behalf of the Universal House of Justice
5. "The Universal House of Justice has received your
letter of 27 May 1975 inquiring whether it is possible to elect two chairmen at
a National Convention to lead the consultations alternately. The House of
Justice is of the opinion that the election of two chairmen would not be proper
but there is no reason why the delegates should not elect, in addition to the
chairman, a vice-chairman who could relieve the chairman when necessary."
(5 June 1975)
6. "There are no specific texts on the timing of prayers for the election during the National Convention. It would be preferable, however, that these prayers be held immediately preceding the elections when those present at the Convention may concentrate on the prayers. Following the prayers the delegates may then, in an atmosphere of silence, write out their ballots." (9 August 1976)
7. "As to the choice of tellers, and whether they should be chosen from among the delegates or not, this is a matter that is not specified in the National Bahá'í Constitution, and is therefore left to the discretion of each National Spiritual Assembly." (9 August 1976)
8. "In reply to your query of May 18th as to whether the recording secretary at the National Convention should write down all the motions of the Convention as well as the individual suggestions of the delegates or only those motions adopted by the Convention, the Universal House of Justice instructs us to say that this is one of those matters not defined in the By-Laws of a National Spiritual Assembly and therefore being secondary lies entirely within the discretion of the National Assembly to decide." (16 June 1977)
9. "There is no objection in principle to the appointment by your Assembly of a competent believer to take down minutes of the Convention proceedings, and in this way assist the elected Secretary in preparing his report. Such a believer would not be regarded as an officer of the Convention. All matters related to the appointment of such an individual are left to the discretion of your National Assembly." (31 December 1980)
With regard to your specific questions relating to the Canadian National Conventions, the House of Justice notes that your question about announcement of the full details of the tellers' report is covered by quotation No. 1 above. As to the election of a Vice-chairman and Assistant Secretary for the Convention, the House of Justice sees no objection, once the Chairman and Secretary have been elected, to taking the next runner-up in the ballot for each of these offices to be Vice-chairman and Assistant Secretary respectively, rather than taking up further time by having two separate additional ballots, provided that the Convention itself does not object to this method. You will note from quotation No. 9 above, that if all that is required is someone to assist the Convention Secretary by taking down the minutes, such a person can be appointed by the National Spiritual Assembly but would not be regarded as an officer of Convention.
The guiding principles affecting the relationship between the National Spiritual Assembly and the Convention have been very clearly established by the beloved Guardian. Although you are no doubt aware of such statements as those which appear on pages 67 to 69 of "Principles of Bahá’í Administration" (1976 edition) it is felt desirable to quote them in this letter for emphasis. Writing on the Guardian's behalf, his secretary, in addition to stating the supreme authority of the National Spiritual Assembly, conveys the following:
"...it is the sacred obligation and the primary function of the National Assembly not to restrict under any circumstances the freedom of the assembled delegates, whose twofold function is to elect their national representatives and to submit to them any recommendations they may feel inclined to make. The function of the Convention is purely advisory and though the advice it gives is not binding in its effect on those on whom rests the final decision in purely administrative matters, yet, the utmost caution and care should be exercised lest anything should hamper the delegates in the full and free exercise of their function. In discharging this sacred function no influence whatever, no pressure from any quarter, even though it be from the National Assembly, should under any circumstances affect their views or restrict their freedom. The delegates must be wholly independent of any administrative agency, must approach their task with absolute detachment, and must concentrate their attention on the most important and pressing issues.
"The Guardian believes that the right to elect the chairman and the secretary of the Convention should be vested in the assembled delegates, lest any objection be raised that the members of the outgoing National Assembly are seeking to direct the course of the discussion in a manner that would be conducive to their own personal interests. The National Assembly, however, must at all times vigilantly uphold, defend, justify, and enforce the provisions of the Declaration of Trust and By-Laws which are binding on the Convention no less than on themselves. The N.S.A. has the right to lay down, enforce, and interpret the National Constitution of the Bahá'ís in that land. It cannot, if it wishes to remain faithful to that Constitution, lay down any regulations, however secondary in character, that would in the least hamper the unrestricted liberty of the delegates to advise and elect those whom they feel best combine the necessary qualifications for membership of so exalted a body."
With loving Bahá'í greetings,
For Department of the Secretariat
(Baha’i Library Online)