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Crossing the line

Days after Shanghai crushed a massive protest against the installation of high-voltage power lines near a housing complex in the suburb of Minhang, residents remain stunned and angry over how police broke up the demonstration using a new weapon.

In a rare escalation of tactics for the mainland's commercial capital, police used pepper spray against protesters on November 26 after the crowd swelled to nearly 1,000, some of whom clashed with officers.

Whether the incident marked a tougher stance against protesters under the leadership of Shanghai's new Communist Party chief, Yu Zhengsheng , or was an over-reaction by zealous police, is unclear.

But what made the protest a landmark was the participation of the middle class in a large-scale demonstration in Shanghai, smashing the traditional compact between the government and citizens, who are expected to remain complacent in return for rising incomes. 'We had a property owner covered in pepper spray,' said one resident who, like others interviewed, declined to be named. 'We couldn't believe this was how the police 'protected' us. We were very disappointed.'

One photo posted on the internet, claiming to be evidence of the incident, showed an officer spraying foam from a canister. Reports that police also used tear gas couldn't be confirmed by some witnesses. The government hasn't commented on the protest.

The residents of Holiday Town, where the protest took place, are homeowners with cars and white-collar jobs. Some paid as much as 11,000 yuan per square metre for their flats in the residential compound, built by listed property developer China Vanke Co.

The spark for the protest was a combination of a perceived threat to public health and an economic issue, since the installation of power lines would make the area a less desirable place to live and drive down property values.

According to several witness accounts, workers from the local power company arrived with security guards and police in the morning. Workers began digging holes for the bases of pylons to string the wires. Although residents were informed of the project last year, no notice was given that work was due to start that day and of the close proximity of the pylons to the residential complex.

The protest began soon after, reportedly by elderly people doing their morning exercises. But the numbers increased sharply after people arrived home from work in the evening to find the large holes.

More police arrived at about 10.30pm, bringing the total to at least 200. Their ranks included special units of riot police. Scuffles broke out and at least 10 to 20 protesters were arrested. The next day, police locked down the entire area.

An international human rights expert said the use of non-lethal weapons such as pepper spray and tear gas by mainland police was uncommon, but not unheard of, although they were more commonly applied against anti-globalisation protesters abroad. 'The police are under instructions not to let things escalate and the use of pepper spray would be an escalation, which would be fairly rare,' said Nicholas Bequelin, China Researcher for Human Rights Watch.

Shanghai typically deals with demonstrations by mobilising large numbers of police, often in plain clothes, to scatter or detain protesters, using vehicles to remove them from the scene.

In the wake of the Tiananmen Square crackdown in 1989, when the military fired on pro-democracy protesters, China has gradually increased its capability to handle demonstrations through other means. Increasing public protests, coupled with preparations for the Olympics next year, have prompted several cities to establish special units of riot police.

In 2005, the Ministry of Public Security announced it was setting up special police units in 36 major cities - including Shanghai - to counter terrorism and other new threats. The units were intended to complement the paramilitary People's Armed Police which also handles domestic disturbances.

Shanghai has also started to equip police on the beat with electric batons. In the first recorded use of the tool, reported by local media, an officer used an electric baton on a traffic violator who disregarded an order.

In 2005, paramilitary police opened fire on residents of Dongzhou village in Guangdong province in a protest over land appropriation for a power plant. The government claims three people were killed.

In what must be a worrisome sign for the government, some of the biggest protests in recent years have been staged by residents of the most wealthy provinces and cities, the main beneficiaries of the economic boom, and not just disenfranchised workers and farmers.

Some Chinese academics believe most protests involve land - and developed areas have higher prices, thus increasing the frequency of conflicts. Others believe the middle class is finally finding its voice, as growing wealth brings greater recognition of rights.

'People want and expect from the state better guarantees of their rights. If it's a narrow, personal interest then they are ready to fight for it. They will hire lawyers, write letters and try to get the media involved,' said Mr Bequelin.

Three communities in Zhejiang province , the cradle of the nation's private enterprise, staged violent protests against polluting factories in 2005.

In the southern city of Xiamen , citizens marched against a planned chemical plant for two days in June. The protests sparked a public hearing about the project, though the decision about whether to move forward rests in the hands of the government.

But such protests are focused on individual grievances and don't represent an organised, national movement.

In Shanghai, calm has returned to the southwestern district where the protest took place. Although police have withdrawn, there is a heavy presence by security guards, and work on installing the power lines is continuing with the foundations for some pylons now in place. Leaders of the protest movement claim at least 10 communities will eventually be affected.

Protesters are turning to two avenues to continue the fight: technology and the law. The internet has played a role since the beginning. Some residents rallied after seeing photos posted on the internet on the day of the protest while they were at work. Although authorities have deleted or blocked some postings, residents have communicated using electronic bulletin boards.

A series of short videos of the protest has been uploaded to the video-sharing site YouTube. Shot in the dark by a shaky hand, the footage shows a line of police wearing helmets and equipped with shields. Voices can be heard saying: 'It's innocent to protect our homes' and 'Release the people'.

One of the videos has been viewed nearly 5,000 times. 'Please distribute and report the event and help from all over the world!' wrote the anonymous poster.

Residents have used the government's formal complaint channel to voice their grievances, but with few results so far. They are requesting a public hearing to evaluate the plan. Some suspect the power company has ruled out a plan to run the power lines underground because of the higher cost.

Residents are also directing their anger at the developer, China Vanke Co, one of the nation's top property developers, which they claim is failing to protect their rights. The country only recently put in place a law protecting private property.

'We will continue to complain to higher authorities about the injustice and bring a lawsuit,' one organiser vowed.

Although the government has stressed the 'rule of law', the power of the state and drive for economic development tend to trample on the rights of individuals.

One resident played down the controversial human rights aspect of the dispute, saying the project was simply a health hazard, even though that argument is based on shaky scientific evidence. 'The government ought to consider the opinions of the masses,' she said, putting her argument in the typical terms of the Communist Party.

The protesters feel empowered by a victory involving another project in the district earlier this year, when the government shelved the extension of a high-speed maglev train link to Hangzhou city which would have passed through Minhang, amid similar concerns over the impact on health and the environment.

The local government insists the maglev extension is still in the consultation phase and residents' complaints have rarely managed to halt property and infrastructure projects in Shanghai.

Last year, hundreds of Minhang residents blocked a section of a major road for two days in a dispute over their eviction to make way for expansion of the domestic Hongqiao Airport, a project which is proceeding.

Activist lawyer Zheng Enchong , who has advised hundreds of Shanghai residents on property-related disputes, said Minhang had been a hotbed of conflict since the 1980s when the city first built a light railway line.

Residents had a legal right to question whether the power grid expansion had the proper permits and to demand a public hearing, but winning a lawsuit was another question. 'If many people bring a lawsuit for a good reason, the government might make some small concessions,' he said.

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