**Questions and Answers

Question:  Michèle, you just said that the Afghanistan report called on the Taliban not to cause civilian casualties.  But does it also call on the United States not to bomb civilian targets, especially weddings, et cetera.  Does it also call on the United States and the coalition forces not to attack the civilians?

Spokesperson:  I’d suggest that you go to the report itself and find the information.  It’s available.

Question:  It’s available?

Spokesperson:  It’s on the counter outside.  Yes, Bill?

Question:  Does the Secretary-General believe that the Israeli actions vis-à-vis access to Gaza is a violation of international humanitarian law?

Spokesperson:  He is extremely concerned about that, and you should have a statement a little later today.  He’s certainly stressing that the aid to the population in Gaza should be unconditional.  You’ll get that statement a little later today, Bill.

Question:  Could you be more specific as to the timing of it?

Spokesperson:  I don’t have the statement yet.  We should have it soon.  Yes?

Question:  Michèle, the Secretary-General has the ability to present something to the Security Council.  Is this the kind of issue that is critical for him to use that ability?  Is there a way to ask him?

Spokesperson:  You’re talking about the situation in Gaza?

Question:  In Gaza, yes.

Spokesperson:  He hasn’t really gone that way yet, but he could, yes.

Question:  Could you ask him about that?  Because this is a critical issue.  It’s gone on for a long time; there are a number of people’s lives that are at stake.  Is there a way to ask him about that?

Spokesperson:  Well, the issue has gone to the Security Council several times, as you know already.  Yes, Masood?

Question:  Michèle, yesterday you said that the American bombing inside Pakistan was a bilateral issue and that the United Nations will not comment on it.  Could you please say that if there is an attack on another country by an outside force, that goes to say that if there is…?

Spokesperson:  No, no, no, I didn’t say it in this way.  What I meant was essentially that it was being treated on a bilateral level, because, as you know, it was reported in the press that the US administration was meeting with the Pakistanis.  It’s in that sense that I said that.  The Secretary-General certainly has his own concerns about this; about different attacks that have taken place across borders.  I cannot generalize on those attacks because every time there are a different set of circumstances.  So, that’s the way I meant it yesterday.  Yes, Bill?

Question:  There are reports that Foreign Minister Livni’s office characterized a phone call between Ms. Livni and the Secretary-General in which she was critical of the Secretary-General and the UN for putting too much pressure on Israel to open up these crossings and not focussing enough on the rocket attacks.  What is the UN’s view of this phone call?

Spokesperson:  The Secretary-General spoke to Ms. Livni and he was very strong about his concern for the population in Gaza.  And he felt very strongly that even though he understood the security challenges faced by Israel, at the same time, he felt that the civilian population should not be paying for a situation in which they are the victims.  Yes?

Question:  The Prime Minister of Serbia has been quoted as saying that the plan to hand over some control from UNMIK to EULEX is completely unacceptable.  How is Ban Ki-moon planning to proceed after this development?

Spokesperson:  You mean after the statement was made?

Question:  Yes.

Spokesperson:  Well, why don’t we wait for his report to come out on the situation there?  That should be coming to the Security Council very soon.  Yes?

Question:  The spokesman for the CNDP in the Congo has said that they pulled out of the town of (inaudible), but that the FDLR has, in fact, moved in.  That they’d asked MONUC to, if they were going to pull back consistent with the ceasefire, that MONUC should patrol the area rather than letting these other militias in.  Did the UN move in, or is it aware that the FDLR rebels have, in fact, occupied the lands that the CNDP has pulled back from?

Spokesperson:  You can get that information from our colleagues in DPKO.

Question:  Right.

Spokesperson:  It has to confirm the information.

Question:  I guess the main thing I’d say is, is MONUC endeavouring, since the UN is encouraging CNDP to pull back from Goma, does the UN then take control of those areas so that other militias...?

Spokesperson:  That’s what I am saying. For what is happening in the field, you’re best to call DPKO and try to find out.  They will get for you the exact situation on the ground in that specific area which I don’t have myself.

Question:  Right, right.  I mean, I guess, could somebody... it’s like the Congo policy issue.  So, you may say the same to this, but in Liberia, the press union of Liberia has said that UNMIL peacekeepers were involved in the seizing of a camera from a journalist at the request of the Chief Justice of the country.  So, I guess, although you may say I ask Liberia, I want to know, does UNMIL, does it have a sort of a press freedom component?  Or would you be surprised that that took place; and if it took place, why it took place?

Spokesperson:  Well, let me check first whether it took place and what happened exactly.  As soon as I get the circumstances, then I’ll let you know.

[She later confirmed that the UN Mission in Liberia (UNMIL) is aware of the allegations and is investigating.]

Question:  Okay.  I’m just wondering, there is no place else I can ask this one, so I’ll ask it here.  It has to do with the internal justice system of the UN.  I notice that this evening the Secretary-General is going to this, I guess it’s the ending of the Administrative Tribunal.  But there is nothing to take its place.  It’s been said by ACABQ and others that the new system of justice that was supposed to begin 1 January is not going to begin.  So I think I asked earlier in the week but there are a lot of countries that I asked yesterday, what is the plan for 2 January for, you know, staff members or whatever, you know, for people to be able to (inaudible) claims for the UN to consider?

Spokesperson:  For the time being it’s still being discussed, as you know, within the Budget Committee, about the money aspect of the whole set up.  Why don’t we let this discussion take its course?  And then we’ll find out, first, whether they will be able to start as planned in January.  And then, of course, I will let you know what is being put in place in case it’s not ready.

[The Spokesperson later added that the Secretariat is fully committed to preparing for the new system to start as soon as possible.  The Secretariat is making the necessary preparations to ensure that the current system can remain functional until the new one is ready to be implemented to avoid any vacuum in the justice system, she said.]

We now have the statement from the Secretary-General.  It’s attributable to the Spokesperson.  [Reads statement on Gaza.  See above.] 

Question:  Michèle, I just wondered, the Israeli Prime Minister (inaudible) Mr. Ban Ki-moon talked to the Israeli Prime Minister (inaudible) that the attacks of the Israeli rockets until they stop will not reverse the… is that (inaudible)?

Spokesperson: We already gave you a readout of the statement of the conversation with Mr. Olmert.

Question:  Yeah, but has this been determined, that these Israeli, the rocket attacks began before or after the crossings were stopped?

Spokesperson:  We can check on the exact sequence for you.

Question:  I’m sorry, just the last question.  In Myanmar, a very well-known comedian and activist was recently sentenced to 45 years just because of his point of view.  Does the Secretary-General or his adviser, Ibrahim Gambari, have any comment about this situation that’s just getting worse and worse?

Spokesperson: On this specific case I can only reiterate what the Secretary-General has been saying, about Myanmar and about the need to free all political prisoners.  He has been saying it over and over again.  In this specific case, we can try to find out whether any special approach was taken by Mr. Gambari.  I will ask him the question, of course. 

Question:  Michèle, [on Gaza] it would seem a bit as if collective punishment is okay, if there is…?

Spokesperson:  No, not at all.  I think you are misunderstanding what it says.  It does not talk about collective punishment.  On the contrary, the Secretary-General has been very strong against this type of collective punishment against the population.

Question:  (inaudible) equalize the two situations.  There is a difference in degree and quality… (interrupted).

Spokesperson:  It is not equalizing, I’m sorry to interrupt you but it is not equalizing the two situations.  It is just saying that the Secretary-General, of course, is aware of the challenges to Israeli security.  It is not equating the two situations.  If you heard the statement correctly, it is saying that what is the strongest point is that the population should not be paying the price.

Question:  But doesn’t the statement then fail to say that the rocket attacks do not... Israel’s condemnation of that does not justify collective punishment… (interrupted)

Spokesperson:  I just said that the Secretary-General… (interrupted)

Question:  …as long as the Secretary-General doesn’t say that it doesn’t justify it, isn’t this indeed in a way justifying it?

Spokesperson:  It is not.  The Secretary-General was very strong in saying that the assistance to the population is unconditional, should be unconditional.  The allowance of humanitarian aid to go through the crossings should be unconditional.  The Secretary-General has said it over and over again, and he has said it again here.  He is concerned; he is very deeply concerned about the situation.  And he has expressed this to both Mr. Olmert and Ms. Livni.

Question:  Has any decision been made as yet on appointing a commission for Benazir Bhutto’s investigation as yet?

Spokesperson:  Not yet.  Thank you all so very much.