37 Human Rights Commission Unconscious, implicit and latent bias Unconscious, implicit, or latent bias reflects the tendency of racists to unknowingly perceive ‘others’ in stereotypical ways (Blank, Houkamau & Kingi, 2016, p. 13; Houkamau, 2016, pp. 125–6). Māori suffer disproportionately from implicit bias (Houkamau, Stronge, & Sibley, 2017: p. 74) because the negative and racist attitudes sown during colonisation towards Māori are now deeply entrenched in New Zealand (Blank et al, 2016, p. 13). The assumptions underpinning latent bias can express as overt derogatory abuse like ‘Māori bastard’ and ‘nigger’. The notorious racist Philip Arps refers to Māori as ‘shit skins’ (Taonui, 2021). More commonly, the assumptions will remain unspoken, leaving the prejudice detectable only by observation of their actions and impacts. This can include omissions like a lack of effort to learn how to pronounce the name of someone from another cultural group, casual assumptions about the occupation of another person based on their perceived race, or declining an application to rent a property because someone is Māori (Taonui 2021). Another common example is when Māori are followed or receive unfair treatment in shops, based on the racial assumption they are criminal and potential shoplifters (Smith et al, 2021, p. 10). While bias can be unconscious, the over-emphasis on unconscious bias in Pākehā society becomes a way to avoid discussing racism and its impacts upon Māori, and the central role of white supremacy and colonisation in the social production of racist outcomes (see Cooper and Davis, 2013). As Dr Jackson described: The police like the term ‘unconscious bias’ because it is less threatening than the ‘r-word’. But that does not address the racism that underpins the whole police structure, that underpins a colonising society. So there’s no way the police will want to talk about racism because it goes to the very base of a colonising state (Jackson, 2021a). This tendency is captured in a recent media article: “Police are investigating whether they have an unconscious bias against Māori, but won’t say it is an inquiry into racism” (Radio New Zealand, 2021a). The existence and expression of unconscious bias is a result of societal racism toward Māori: Unconscious bias cannot be separated from the broader racism it services. So, when we ask the question, ‘Why is someone unconsciously biased against Māori’? it is because society is based on racism directed against Māori. If we weren’t a race-based society, there would be no unconscious bias against Māori (Jackson, 2021a). Structural, institutional and systemic racism Personal prejudice, inter-personal racism and institutional racism are related. However, an important distinction needs to be made between personal prejudice and racism, and institutional, structural and systemic racism (ACORD, 1986, p. 7, Workman, 2011, p. 7). When members of a dominant group, holding prejudiced assumptions, monopolise government legislation and policy, and decision-making in housing, education, health, justice, welfare and other public and private sector organisations, the result is structural and institutional racism (Taonui, 2021). This is because the way that relationships are structured privileges white norms (ACORD, 1986, p. 7) and imposes a dominant European worldview on society (Came and McCreanor, 2015, p. 2). This entrenches a pattern of differential access to opportunities, resources and state power that advantages Pākehā while disadvantaging Māori (Came and McCreanor, 2015, p. 2; Department of Social Welfare, 1985, p. 3). In this manner, white privilege perpetuates disparities and inequities experienced by Māori (ACORD, 1986, p. 7). Institutional racism is not always obvious because the underlying prejudice hides behind complex rules, practices, policies and decision-making processes. These are framed, written and confirmed in the absence of Māori. The effects of institutional racism are cumulative, intergenerational and profoundly more damaging than interpersonal racism (see ACORD, 1986, p. 7). Māori in Aotearoa live under a constitutional and legal structure that is foreign to them and which derives from England (Charters, 2009). Tikanga

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