Overview of issues included:

• What is the HRCA?
• What is the HRCA SA?
• What is the relation between the SA HRCA and other HRCA tools?
• Who can use the SA HRCA?
• Who made the SA HRCA?
• What type of violations does the HRCA SA cover?
• To which part of the company's operations should the check be applied?
• Does the SA HRCA apply to companies based in South Africa that operate in other African countries?
• Can the SA HRCA be used for supply chain management?
• Are the human rights standards relevant to business?
• How is international law treated in the HRCA?
• How is national law treated in the HRCA SA?
• How does the tool link up with other international, regional, national initiatives?
• How do I get started?
• What are the suggested indicators?
• How do my indicator answers relate to the main question?
• How to answer the questions?
• What do the red, yellow and green- light scores mean to my company's performance?
• Should answers be verified by third parties?
• Does completing the Quick Check guarantee that my company is in full compliance with human rights?
• Where can I find a list of the sources cited for each question?
• How much does it cost?
• Can DIHR staff or others see my answers or the results of my assessment?
• Does completing the HRCA SA guarantee that my company is in full compliance with human rights?
• Will I receive a certificate from the Danish Institute for Human Rights if I complete the quick check?
• Where can I find out more about this tool?
• What is the South Africa Human Rights and Business Project?

What is the HRCA?
The Human Rights Compliance Assessment (HRCA) is a diagnostic tool designed to help companies detect potential human rights violations caused by the effect of their operations on employees, local residents and all other stakeholders. The tool has been under development by the Human Rights & Business Programme at the Danish Institute for Human Rights (DIHR) since 1999, and is a joint venture between the Danish Institute for Human Rights, the Confederation of Danish Industries (DI), and the Danish Industrialization Fund for Developing Countries (IFU), with the support of the Danish government (DANIDA). The aim of this cooperation has been to develop a widely accessible resource tool to help companies deal with human rights issues relevant for their particular operations.

What is the HRCA SA?
The Human Rights Compliance Assessment South Africa (HRCA SA) comprises 38 questions and +- 300 indicators. The check has been developed jointly by the Human Rights and Business South Africa Project. The questions are based on the South Africa Country Risk Assessment and questions deducted from the HRCA Quick Check and the entire HRCA database. In addition, a number of new questions were developed that are specific for South Africa. These were based on additional research and inputs from organisations involved in the Human Rights and Business Project South Africa.* The check contains the most essential human rights issues a company must consider in relation to its activities in South Africa. The HRCA SA is part of the larger HRCA computer programme, which contains more extensive guidance on a broad range of human rights issues. The HRCA SA is available in hardcopy and as an online computerised programme which can be accessed against a user fee on the following website: http://www.humanrightsbusiness.org

What is the relation between the SA HRCA and other HRCA tools?
The questions of the HRCA SA are based on the South Africa Country Risk Assessment and questions deducted from the HRCA Quick Check and the entire HRCA database. It is one of the tools on human rights and business developed by DIHR. DIHR has also developed the South African CRA, other Country Risk Assessments, the general Quick Check, the full Human Rights Compliance Assessment database, the Corporate Social Responsibility Compass and other specific checks such as the Dalit Check. These general human rights & business tools can be of use for human rights assessments of subcontractors and suppliers in other countries. For more information on these tools, please contact AICC - see http://www.aiccafrica.org [see contact details below] or check the DIHR website at http://www.humanrightsbusiness.org

Who can use the SA HRCA?
The HRCA was primarily designed for MNE's and bigger companies, but has also proven to be a useful tool for SME's and civil society. The HRCA SA has been developed and tested in cooperation with companies of different sizes and several South African civil society organisations.

Who made the SA HRCA?
The HRCA SA and CRA have been developed jointly by the Danish Institute of Human Rights (DIHR) and the organisations of the South Africa Human Rights and Business Project. [For more information about the project and about the organisations involved in the project see the below question 'What is the South Africa Human Rights and Business Project?']

What type of violations does the SA HRCA cover?
The SA HRCA covers violations in relation to the following three areas:

1. Employment Practices - concerning the rights of individuals employed by the company, or seeking employment with the company;
2. Community Impact - concerning the rights of individuals residing in societies (including societies defined by political, cultural or geographic boundaries) which are affected by company activities or products; and
3. Supply Chain Management - concerning the rights of individuals affected by business partners' operations, whether as employees, local residents or other stakeholders.

To which part of the company's operations should the check be applied?
This is up to the company, an also depends on the resources available and priorities set by the company. The broader the scope of the test, the more resources (time) are needed to do a proper check. The company could also decide to do apply the HRCA SA first to the headquarters or a specific department or section of the company and then apply the check to other parts/ operations of the company.

Does the SA HRCA apply to companies based in South Africa that operate in other (African) countries?
[also see former question] For the parts of the company that are based in South Africa: yes. However, for operations/ subsidiaries in other (African) countries, it is advisable to use the generic tools and (if available) the country specific Country Risk Assessment.
Can the SA HRCA be used for supply chain management?
Yes, the SA HRCA includes a specific section on supply chain management. In addition, the other questions of the check can also be applied to suppliers.
For more guidance on the development of supply chain policies, codes and monitoring see the CSR Compass. These tools have been developed by DIHR in cooperation with the Danish Confederation of Industries and the Danish Commerce and Companies Agency developed the CSR compass. The documents can be downloaded at the following website could be useful when setting up a supply chain management system: www.csrkompasset.dk

Are the human rights standards relevant to business?
The field of human rights is politically and academically well developed, with rights and standards emerging from treaties and conventions, international legal decisions, and reports of a number of different UN, national and international bodies. But most standards and application procedures have been developed for governments, not companies. To ensure that our interpretation of international human rights law for companies has the support and wide acceptance of both companies and human rights groups, the main HRCA database has been taken through a year-long consultation process funded by the European Union. The consultation process involved a total of 80 companies and human rights groups from 10 European countries. The HRCA SA has been developed in cooperation with South African stakeholders (companies and civil society organisations) involved in the Human rights and Business South Africa Project and was taken through a road testing process with a number of South African companies and civil society actors,

How is international law treated in the HRCA?
The HRCA takes its point of departure in international human rights law, but is based on the premise that the company should comply with whichever applicable standard is most stringent, whether it be national law, or the international standard cited by the tool. Each question in the HRCA SA refers to the specific sources of international law and relevant international guidelines cited for that particular question. Including, the Universal Declaration of Human Rights, ILO Labour Codes, African Charter on Human and People's Rights etc. Since the international legal texts cited by the tool apply specifically to states, the cited provisions have been modified accordingly in the tool to apply to companies. The tool also cites the guidelines of various human rights organizations, research institutions and other independent bodies, whenever those guidelines serve as useful human rights reference points for companies.

How is national law treated in the HRCA SA?
The HRCA takes its point of departure in international human rights law, but is based on the premise that the company should comply with whichever applicable standard is most stringent, whether it be national law, or the international standard cited by the tool. Each question of the HRCA SA refers to the applicable national laws, ranging from the constitution to employment and health regulations.

How does the tool link up with other international, regional, national initiatives?
The tool operationalises and concretises voluntary initiatives such as the Global Compact, the Amnesty International Human Rights Principles for Companies, the Voluntary Principles on Security and Human Rights, the Extractive Industries Transparency Initiative, the Equator Principles, the future ISO 26000 and the New Partnership for Africa's Development (NEPAD) which all contain human rights principles based on international standards such as the International Bill of Human Rights and the ILO Conventions and Declarations.

Furthermore the tool, while being a self-assessment on all aspects of corporate human rights responsibilities, complements certification and monitoring processes such as the SA 8000, Ethical Trading Initiative, Business Social Compliance Initiative, which focus on labour conditions in the supply chain only. The tool could be used for self-assessment prior to audits as well as for corrective action after audits.

When identifying and prioritising issues for reporting on human rights as well as when reporting on human rights, the tool could be used prior to and together with the G3 Guidelines of the Global Reporting Initiative.

The tool could also be used as self-assessment to measure whether the company meets or keeps up with the social criteria of Social Responsible Investment Indexes such as the Johannesburg Stock Exchange (JSE) and FTSE4Good Index.

How do I get started?
The HRCA SA contains 38 questions and has a total of +- 300 corresponding indicators. Under each question, you will find a narrative description of the question, references to relevant international and national law and a list of suggested indicators with pre-determined answers boxes ("Yes", "No", "F/A = further attention required", "N/A = not applicable" and "Unknown"). We suggest that you read the question and the descriptive paragraph first, and then proceed to answer the suggested indicators before attempting to answer the main question.
[The section/button 'How to get started?' contains 2 worksheets that may be of assistance: using the HRCA in 10 steps and technical advice on using the on-line tool.]

What are the suggested indicators?
The suggested indicators are guidelines designed to help you determine whether or not your company complies with the main question. There are three types of indicators in the tool: policy, procedure and performance. The policy indicators seek to determine whether your company has policies or guidelines in place to address the human rights issue of concern in the main question. The procedural indicators inquire whether your company has appropriate and sufficient procedures in place to effectuate the policies, and the performance indicators request verification of company performance. It is important for the validity of the assessment that you contemplate the policy, procedure and performance indicators first before attempting to answer the main question. While the number of indicators may seem overwhelming at first, the categories of pre-determined answers are designed with enough flexibility so that you should, after some familiarity with the tool, be able to answer all the indicators quickly and without difficulty.

How do my indicator answers relate to the main question?
The relevance and importance of each of the indicators in the tool varies for each company depending on the industry, risks, country, and type of operation involved. To accommodate those differences and provide for flexibility, the tool allows you to determine the relevance and weight of the indicators and how they relate to the main question for yourself. In general, the more indicators you can answer in the affirmative, the more likely it is that your company is in compliance with the main question. Your company is not necessarily out of compliance if you fail to answer affirmatively on all the indicators, but you should nevertheless make an effort to understand the point of the indicator and seek to determine whether your company complies in principle. If, for example, you are able to answer 'true' (indicating compliance) to all but one of the indicators for a particular question, and your company has an alternative method of compliance for the remaining indicator, you should describe the alternative method of compliance next to the indicator and then answer 'yes' (for compliance) to the main question. If, on the other hand, you answer 'false' (for non-compliance) to all of the indicators, but still answer 'yes' to the main question, you should either question the result of your answer to the main question, or make a note as to why all the indicators for that question are irrelevant to your business. For those indicators that your company does not have the information to answer, you can simply click the 'unknown' answer category for that indicator. The more indicators you are able to answer, however, the more reliable the results of the assessment will be.

How to answer the questions?
Yes/No and True/False: To be used when you agree or disagree with the question or statement presented. We encourage you to answer yes/no to the main question and true/false to the indicators as often as possible so that the results of the assessment and the improvements made by your company from year to year will be easier for you to monitor and measure.

Further Attention Required (F/A): To be used when your company is in the process of addressing the issue, such as correcting procedures on a particular question or indicator but the process is not yet complete, or when your desired answer doesn't fall squarely within any of the other answer categories.
Not Applicable (N/A): To be used when the particular question or indicator presented isn't relevant to your company's operations because the question applies more specifically to a different industry or country of operation.
No Info: To be used when you lack the information necessary to respond to the indicator or question presented.

[For practical and technical guidance, please take note of the documents under the 'how to get started?' button/ section]

What do the red, yellow and green- light scores mean to my company's performance?
Red light scores indicate that your company is not in compliance with the particular question and you should take immediate steps to remedy the problem area, after consulting your company's legal counsel or relevant advisers for specific guidance. A yellow light score indicates that you are aware of the problem and are in the process of addressing the issue, but you need to take further steps to change your company's performance to a green light. Finally, a green light score indicates that your company complies with the question as phrased.

Should answers be verified by third parties?
While the tool primarily has been developed as a self-assessment tool, there is an element of verification built-in. In most questions there are performance indicators included that ask the company to verify information with civil society actors (trade unions, NGO's), workers and/or local communities. It is advisable when consulting these actors to verify carefully who they represent. It is also advisable to consult several actors to get the full picture. It is not obligatory but commendable to also verify information collected on the performance of the company in cases where this is not specifically demanded by the indicators with (representatives of) workers, NGO's and/or the local community. Even though this may be a bit more time consuming, it does give the company a more balanced view on its human rights performance, in particular in relation to its practice. Some companies find it useful to have assistance by a third party when doing the check, such as a specialised NGO, research institution or accountancy office.

Does completing the HRCA SA guarantee that my company is in full compliance with human rights?
The HRCA SA is designed as a self-assessment tool to be used by company staff or investment officers. Although the HRCA SA covers many essential human rights issues, it can not be seen as a replacement for the full HRCA tool or for an external audit. To improve the results, we strongly encourage companies to involve local stakeholders in a dialogue about the problem areas detected through the use of theHRCA SA, and have the results verified by an independent third party, to ensure that all concerns of the local population are duly noted and adequately addressed. Although there is no guarantee for full human rights compliance, the more pieces of the tool you complete, the more confident you can be in your company's human rights performance.

It is also important to note that the HRCA SA should be seen as a learning tool. And not a one time exercise. It is advisable to keep track of progression made over the years.

Where can I find a list of the sources cited for each question?
Each question in the 'HRCA SA' contains a link to the sources of international law and relevant international guidelines cited for that particular question. The source link is located on the right hand side of the answer screen, just beneath the question. Since the international legal texts cited by the tool apply specifically to states, the cited provisions have been modified accordingly in the tool to apply to companies. The tool also cites the guidelines of various human rights organizations, research institutions and other independent bodies, whenever those guidelines serve as useful human rights reference points for companies.

How much does it cost?
The 'HRCA SA' is available against a user fee, which is differentiated for MNE's, bigger companies, SME's and civil society organisations. The user fee will be established upon release in October 2007 and be adjusted to South African standards. The fee will enable us to ensure that we have the resources necessary to continually update the database.
NB: during the road testing there is no fee, and instructions on how to access the tool will be forwarded separately

Can DIHR staff or others see my answers or the results of my assessment?
No. Unless you click on the 'share info' box during the registration process, agreeing to share the results of your assessment with us (anonymously), we cannot access your answers or results. Please see the security tab for more information about how we keep your data secure from others.

Does completing the Quick Check guarantee that my company is in full compliance with human rights?
The quick check covers many essential human rights issues, but is not a replacement for the full HRCA tool or for an external audit. We also still encourage companies to undertake stakeholder dialogues to ensure that all concerns of the local population are being noted and adequately addressed. Although there is no guarantee for full human rights compliance, the more pieces of the tool you complete, the more confident you can be in your company's human rights performance.

Will I receive a certificate from the Danish Institute for Human Rights if I complete the quick check?
No. The HRCA SA is designed as a self-assessment tool to be used by company staff. However, we do encourage companies to involve local stakeholders in a dialogue about the problem areas detected through the HRCA assessment, as well as having the results verified by an external third party.

Where can I find out more about this tool?
For more information about the HRCA SA, or human rights and business in South Africa please contact AICC at:

African Institute of Corporate Citizenship (AICC)
P.O. Box 37357
Birnam Park 2015
Johannesburg
Tel: +27 (0)116436604
Fax: +27 (0)116436918
E-mail: tagbo@aiccafrica.org or yoliswa@aiccafrica.org

More information about the aim and development of the general HRCA can be found in 'Building a Tool for Better Business Practice: the human rights compliance assessment' (M. Jungk, 2003). The premise of business responsibility underpinning the HRCA is explained in 'Defining the Scope of Business Responsibility for Human Rights' (M. Jungk, 2001). These brochures can be ordered directly from the Danish Institute for Human Rights (+45 32 69 88 51) or be obtained through the Human Rights & Business Programme Website, where the HRCA SA also can be found and used as an interactive computer programme: www.humanrightsbusiness.org

What is the South Africa Human Rights and Business Project?
The South Africa Human Right and Business project started in 2006. It is a cooperation between the Netherlands based HOM and several civil society organisations in South Africa. The project partner organizations are the African Institute of Corporate Citizenship (AICC), the Association for Rural Advancement (AFRA), the Bench Marks Foundation of Southern Africa for Corporate Social Responsibility (BeFSA CSR), the Khulumani Support Group (Khulumani), Fair Trade in Tourism South Africa (FTTSA) and the University of Cape Town (UCT). In addition a number of resource organisations and companies are involved in the project, such as the South African Human Rights Commission (SAHRC), the National Business Initiative (NBI) and Business Unity South Africa.* (BUSA). Through capacity building and networking amongst South African civil society organizations, the South African Human Rights & Business projects wants to create sustainable promotion of practices of human rights inclusion into daily corporate business in South Africa.

AICC acts as the Focal Point for the Human Rights and Business project in South Africa. The organisation distributes and provides information to all organizations involved in the project and central contact organisation for all matters and information relating to the project. For more information about the project and tools, please contact AICC (see contact details in "where can I find more information on this tool" or under the "How to get started?" button/ section.