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Volume IV Issue III July-September 2014
KEMRI Bioethics
	 Review 		 Volume IV issue 3- 2014
Ethics of conducting Research
on vulnerable Groups
22
Volume IV Issue III July-September 2014
Editor in Chief:
Prof Elizabeth Bukusi
Editors
Prof Sammy Njenga
Mrs Caroline Kithinji
Ms. Everlyne Ombati
Ms Daisy Kadenyi
Production & Design:
Mr. Timothy Kiplagat
For questions and queries write
to:
The KEMRI Bioethics Review
ADILI-The KEMRI Bioethics
Center
P.O. Box 54840-00200
Nairobi, Kenya
Email: DDRT@kemri.org
Contents
1.	 From the Chief Editor
2.	 From the Director KEMRI
3.	 Tips on conducting research with
vulnerable subjects
4.	 Collaborating with Gay Men, Other
Men Who Have Sex with Men, and
Transgender Individuals (GMT) Or-
ganizations on HIV Prevention, and
Care Research in Coastal Kenya
5.	 Sex workers as vulnerable subjects in
research
6.	 Case Challenge
7.	 Announcements
Call for articles
	 The KEMRI Bioethics Review is eager to relay information about
Ethics in Research within KEMRI and elsewhere on a regular basis. The
Chief Editor encourages articles submission from all members of staff
at the Institute .	
Next theme: Ethics of conducting Clinical Trials Research
Format: Articles should not exceed 4 pages in single
		Send Articles to ddrt@kemri.org
		 Deadline 20th November 2014
33
Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
   Welcome to the third issue of this year with a focus on research among vulnerable population.The
Belmont Report defines vulnerable populations as those groups that might “bear unequal burdens in re-
search” because of their “ready availability in settings where research is conducted”.This reminds of my
earliest contact with research as a medical student. A lecturer came to class and asked us to test a particular
product.We all consented, at least by participation though we were not asked to sign anywhere. The topic
this lecturer taught was a difficult subject (not sure which subject in medicine is easy) and no one wanted to
offend the senior colleague.We all participated, indicated our response to the product we tested.The next
weekorso,thelecturerbroughtusallsodas.Weappreciateditandfeltveryprivileged.Wedidnotrealizeour
vulnerability as students doing research with a lecturer.This was before some of the advances made in the
field of research regulation worldwide and before the structures that NACOSTI has worked hard to create.
  In this issue we feature articles on vulnerable subjects who include: People who inject drugs,
men who have sex with men, and sex workers. These are just few examples of vulnerable popu-
lation that we hope offer insight on the ethical challenges of vulnerable populations and give guid-
ance on the extra safeguard measures required to ensure that the autonomy of such groups are al-
ways protected. It is our responsibility as researchers to conduct research, but we MUST do so
carefully, respectfully and ethically. This duty is further magnified when undertaking research on
any groups of people who are perceived to have less autonomy in any particular circumstance.
  The concept of autonomy is very important in research involving vulnerable subjects. Individu-
als should be treated as autonomous agents, and when that autonomy is affected or diminished as in
the case of vulnerable populations, then those individuals are entitled to increased protection. Before
granting approval for research, ethical committees must consider if adequate information and op-
tions are provided and if indeed informed consent can be obtained in such circumstances without
coercion or undue influence. Any researcher seeking ethical approval either from the KEMRI ERC
or any other accredited ethical review committee should be aware of the need to adequately jus-
tify the inclusion of vulnerable subjects such as prisoners, students, children e.t.c in their research.
  Of note however that the principle of justice demands that vulnerable populations should not
be automatically excluded from research or treated as if their health or other concerns do not merit
scientific study or intervention. It is however important that they be included in research that can
respond to their specific needs and circumstances as well and that they are not used as an easy tar-
get or available populations to respond to research that will benefit other population groups. Typi-
cally, the clear justification for inclusion of a vulnerable group in research is when there is suffi-
cient evidence that a problem disproportionately or otherwise directly also affects such a group. 
  Researchersmustbecautiouswhendealingwithvulnerablepopulationsasmisconductwithinsuchgroups
ismorelikelytoattractunwarrantedattentioninwaysthatmayadverselyaffectthereputationof researchers
ortheinstitutionstheyarepartof.Thismaymakeitmoredifficultforfutureresearcherstogainaccesstopar-
ticulargroupsorcommunitiesorconductresearchinsomeregions.Ihopeyouwillfindthisissueinformative.
	 Prof Elizabeth Bukusi
	 The Chief Editor
From the Editor In Chief
Prof Elizabeth Bukusi
Deputy Director, Research and training
44
Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
A word from the Director KEMRI
Prof Solomon Mpoke, PhD, MBS
Director KEMRI
“It is critical that all
KEMRI researchers ex-
ercise due diligence to
ensure that vulnerable
subjects are protected
and empowered to have
a full understanding of
their participation in a
proposed study, and any
limitations of the study as
a strategy to effectively
manage the expectations
of the study subjects”
Welcome to this
issue on Vul-
nerable Subjects in Re-
search. Biomedical re-
search plays a crucial role
in improving health and
quality of life of all hu-
man populations, includ-
ing those who may be
vulnerable or marginal-
ized in one way or anoth-
er. Good quality research
studies offer accurate
and objective representation of wide-ranging cir-
cumstances and helps to bring to light the existing
health gaps within a population. However, some
pockets of a population may be easily left out, or
have their concerns not easily attended to. KEM-
RI’s core mandate is not only limited to conducting
high quality research for health but also guarantee-
ing that such research is done with integrity that
meets the highest possible ethical standards- and
that all relevant populations are duly attended to.
  We live in a diverse society with differing social,
economic and health status, and also where exist-
ing health problems vary across populations. Tar-
geted interventions are needed to provide solutions
to the prevailing health problems afflicting different
groupsofpeopleinourcommunities.Goodscientif-
ic ethics demands that research must include groups
in the population that may be considered vulnerable
e.g. prisoners, students, subordinates, sex workers,
and other marginalized groups. These groups of
people may be considered to have reduced auton-
omy and would therefore need additional attention
and protection when research that involves them
is being reviewed by ethical review committees.
  Another common challenge while conducting
research is that, despite relevant safeguards, some
participants in research may often feel they are be-
ing used (common word is as “guinea pigs”) and
a perception therefore
that the researchers do
not care about their
wellbeing. Such ex-
periences discourage
research in that they
lead to lack of trust and
antagonism towards
researchers among the
community or groups
involved. If research is
not conducted because
of this perception, then
this reinforces the sense
of vulnerability of the
groups that such research is supposed to be help-
ing. However, there is a solution to this, and this is
found in the informed consent forms. With adequate
informed consent, such participants have an oppor-
tunity to inform the Ethics Research Committees of
any concerns they may have concerning the study.
The information provided on the consent is there-
fore more than just a routine requirement; it is a crit-
ical part of empowering those engaged in research
by allowing them an avenue through which they can
voicetheirconcernsaspartofprotectingtheirrights.
  It is critical that all KEMRI researchers exercise
due diligence to ensure that vulnerable subjects are
protected and empowered to have a full understand-
ing of their participation in a proposed study, and
any limitations of the study as a strategy to effec-
tively manage the expectations of the study sub-
jects. It remains important that vulnerable groups
are not excluded from research to ensure that their
well being and research needs are taken care of.
I hope this issue on vulnerable subjects will be in-
formative to you.
		 Prof Solomon Mpoke
		Director KEMRI
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KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
TIPS ON CONDUCTING RESEARCH WITH PEOPLE
WHO INJECT DRUGS
I
have asked myself many times why most of us
researchers like to locate our studies in or re-
cruit our participants from relatively deprived
communities – we seem to have unwritten affinity
to sites in and around informal settlements, such as
Kibera, Majengo, Kariobangi, Mathare, Korogocho
and Mukuruin Nairobi; Obunga, Manyatta, Nyalen-
da and Bandani in Kisumu; or in hospitals serving
poor rural communities. I ask myself: Why aren’t our
clinical trials conducted in Runda, Kileleshwa, West-
lands, Muthaiga (Nairobi) or Milimani, Tom Mboya,
Grace Ogot (Kisumu), or Nyali (Mombasa) or other
affluent neighborhoods in our cities? What propor-
tion of the studies we conduct are in hospitals such as
Nairobi, Aga Khan, MM Shah and Avenue,? And this
isnotjustwhenwestudyconditionsassumedtobeof
the “poor” such as diarrheal diseases, skin infections,
malnutrition, and the like. Is it because individuals
from these settings are likely to refuse to participate
in a study on HIV, for example, yet they equally ben-
efit from drugs and other interventions resulting
from such studies? Or is it too expensive or cumber-
some to conduct studies in such neighborhoods that
researchers purposefully keep a wide berth between
them and these neighborhoods or hospitals? I do
not have an answer, and neither do I regard research
among poor populations as wrong or unethical.
Inclusion of the poor in research work makes it rele-
vanttothem,Iattemptadiscussionontheethicalim-
plicationsresearchersneedtoconsiderwhileconduct-
ing research among poor and vulnerable populations.
The Belmont Report[1] and the Common Rule[2]
set forth three principles which guide all research
with human subjects, (I prefer to call them human
participants). These include justice, respect for per-
sons, and beneficence. Institutional Review Boards
(IRBs) or Ethics and Research Committees (ERCs)
responsible for protecting the rights and welfare of
human research participants are guided by these
principles, as are study funders, sponsors and inves-
tigators. While these principles guide research with
all human participants, special attention needs to be
paid to studies involving certain categories of peo-
ple, termed as ‘vulnerable population’. These include
children, pregnant women, prisoners, minority pop-
ulations, economically disadvantaged groups, people
with various disabilities – mostly mental and physi-
cal, patients, and so on. These groups may, for vari-
ous reasons, be mentally incapable of understanding
the study well enough to provide informed consent.
They may also be compelled to participate in a study
because of the anticipated gain or their inability to
decline, especially if the researcher holds power over
them (e.g., in doctor-patient, employer-employee
or teacher-student relationship – see scale where
one person is “heavy” enough to call the shots).
This piece presents a few tips on how to conduct re-
search with people who inject drugs (PWID): how
to recruit them, how to obtain consent, and how to
compensate them. The Principle of Justice requires
that vulnerable groups participate in research so as
Prof Kawango Agot,
Director, Impact Research & Development
Organization
Kibera informal settlement
Railway tracks in Kibera informal settlement
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KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
to receive their share
of benefits from re-
search findings. How-
ever, they must be
protected from hav-
ing more than their
fair share of burdens
arising from participating in research. Similarly, the
Principle of Beneficence calls on investigators to do
no harm. This includes avoiding undue influence and
being keen to ensure that vulnerable participants
fully understand the risks of research and the vol-
untariness of participation before they join. Respect
for Persons entails that investigators ensure poten-
tial participants have the capacity to make informed
decision to participate in a study, without direct or
indirect influence. This responsibility extends to pro-
tecting those with limited or compromised autono-
my. How then do we enroll PWID in studies while
providing additional precautions to protect them,
knowing as we do that drug use can reduce auton-
omy and compromise capacity for decision-making?
  However, when all is said and done about
the three principles and how they apply to
vulnerable populations, more still remains
to be done. The Australian National Health
and Medical Research Council [3] aptly states:
“The responsibility for maintaining trust and ethical
standards cannot depend solely on rules or guidelines.
Trustworthiness of both research and researchers is
a product of engagement between people. It involves
transparent and honest dealing with values and princi-
ples….and a subtlety of judgment required to eliminate
prejudice and maintain respect and human dignity.”
Thus, researchers should not only obtain IRB/
ERC approval of study protocol or signed con-
sent from study participants; they should also
ensure they build a solid relationship with par-
ticipants based on trust and mutual respect.
Recruitment of participants
Criminalization of injecting drug use in many coun-
tries make PWID arguably the most stigmatized
– hence the most hidden – population of all vulner-
able populations. In fact, except for literature from
Australia, PWID are hardly listed among vulner-
able populations in most literature on the ethics
of conducting research with human participants.
Because PWID are highly vulnerable and face ex-
treme social isolation, the effort to contact them
for research purposes poses a number of questions
concerning privacy and confidentiality. A key ques-
tion that arises is whether participants would be
publicly identified as people who use drugs because
of their association with the study once word gets
out that the study is recruiting such participants.
There are a number ways to address this concern.
One is to meaningfully engage PWID in the proto-
col-making process; for example, by including their
representatives in community advisory board or
groups, running sensitive topics by them (such as ti-
tle of the study), asking them to review the consent
documents, discussing with them how and where to
conduct recruitment and where to locate the study,
getting their views on who should conduct recruit-
ment, and so on. Two is to include in the protocol,
for IRB/ERC review and concurrence, how potential
participants will be identified, where participant re-
cruitment will take place, and how the recruitment
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process will be conducted in order
to protect the privacy of partici-
pants. Three is to select a neutral
study name, as that is what gets
known by the public. For example,
instead of having a study named
“Substance Abuse Study” or “In-
jecting Drug Use Study, one could
name it “PWID Study” or “Key
Population Study”. In a recent
study conducted by Impact Re-
search and Development Organi-
zation in collaboration with Ken-
ya Medical Research Institute and
University of California at Davis,
we named the study “XXX [name
of study location] Health Study”.
A name such as this can be written
anywhere and the public would
not know what the study is about.
Then in the consent document,
the actual descriptive title, eligi-
ble population and purpose of the
study are discussed so potential
participants are not misled into
joining a study where full disclo-
sure has not been made; however,
because the document is seen only
by the study staff and each partic-
ipant individually, the details are
unlikely to spill out unless a partic-
ipant or a study staff discloses the
details to the public. Investigators
should be aware that like most
vulnerable populations, PWID
may have a group advocating for
their rights, and you do not want
to be in collision path with them!
Once the name of the study is
not obvious to the public regard-
ing the population targeted, a site
should be selected, with consul-
tation with representatives from
PWID, that is neither too secluded
(as this may raise suspicion of the
public) nor too open (as this may
lead to involuntary disclosure of
the target population). Ideally,
recruiters and tracers
should be their peers
who know where to find
them and whom they
trust well enough not
to disclose their iden-
tity to the wrong peo-
ple (read: the police).
Our study is located at
a Drop-in Center (DiCE)
serving different Key
Populations (female sex workers,
men who have sex with men, and
PWID). When participants come
in, it is not obvious whether they
come for the study or for routine
services at the DiCE. This way,
and working with peer educators
as recruiters/tracers, we are able
to conceal the identities of the
participants from the public and
other DiCE users. In addition,
some participants prefer to be in-
terviewed in their safe spaces, and
the study makes this provision.
Consenting:
Investigators are called upon to
evaluate the ability of their par-
ticipants to independently enter
into informed-consent agreement
and protect their own interests
throughout the study. Drug (mis)
use has the potential to impair
the ability of potential or actual
participants to make rational de-
cision about joining or remain-
ing in a study (often referred to
as decisional impairment). How-
ever, depending on the extent of
addiction, investigators should
train study staff on how to as-
sess whether the participant is
cognitively competent to under-
stand the study and make an in-
formed decision to participate
or not. Most PWID have what
is known as situational impair-
ment, in which they move in and
out of stupor or just being high.
The study staff should take advan-
tage of windows of soberness to
administer consent, and impor-
tantly, assess comprehension of
the consent by asking questions
after each paragraph, giving quiz-
zes to document understanding,
asking them to state in their own
words key areas such as purpose
of the study, study procedures,
risks and benefits, asking for
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KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
their understanding of technical terms and phras-
es, and so on. Additionally, it should become clear
to the participants what the study can and cannot
provide as many expect additional benefits, such
as clean needles and syringes, Hepatitis B and C
testing, Methadone….and even job opportunities.
While administering enrolment consent may appear
difficult, it is relatively easier compared to ensur-
ing participants turn up sober for follow up visits.
The tendency is for PWID to come when intoxicated,
and in studies where the window for follow-up vis-
its is narrow, participants may easily make the study
fail when they miss their visits or come too intoxi-
cated to understand the study procedures so can-
not give consent for continued participation. PWID
should provide written consent, even more so than
non-vulnerable participants. This is because of the
temptation to justify oral consent because of their
compromised status, and shortchange them in the
process. That said, extra care must be taken not to
disclose their participation to family members or
the public, because in the state of being intoxicated
they may leave the consent documents where it can
be accessed by unauthorized persons. Study staff
should ask participants if it is safe for them to carry
the document home or if they prefer to have it kept
at the clinic; alternatively, investigators should con-
sider requesting for a waiver
from the IRBs/ERCs to exclude
the names of participants and
only have their study numbers,
signature and date included,
which would make it relatively
more difficult to link the docu-
ment with any individual.
Compensation:
For participation in research,
studies often refund fare for coming to the study site
and compensate participants for time spent at the
study venue, including time taken to travel to and
from the venue. Setting an appropriate compensa-
tion for time pose challenges in terms of setting the
amounts or types of compensation that would not
be deemed by IRBs/ERCs or the participants as coer-
cive. It is reasonable to factor in a full day for a study
where procedures and waiting time take at least 4
hours, excluding travel time to and from the study
site. This is because even when total time spent trav-
elling and at the clinic is, say, 6 hours, the disruption
of going for a study visit would not allow the partici-
pant to engage in other income-generating activities
for the remaining time. For instance, a participant
cannot go to the farm or sell her merchandise on the
day of her/his study visit, and investigators should
consider compensating for one full day of lost wages.
Even when a visit takes only 2 hours, a participant
is unlikely to go to the shamba (farm)unless she/
he visits the study site in the afternoon, a practice
study staff often discourage. The point I am making
is that if compensation for time is being considered,
it should be based on actual time taken to partici-
pate in the study procedures, time taken to travel
to and from the study venue, and the disruption
of routine work simply by the fact that the partici-
pant needs to set everything aside to go for the visit.
That said, compensation should be based on some
justifiable basis, and daily wage for a typical partici-
pant has been used in many studies to set the rate.
All factors constant, investigators should avoid in-
cremental compensation or a larger compensation
at the final visit as this will influence participants’
decision to continue coming for study appointments
even if they would otherwise withdraw. Where finan-
cial compensation is likely to
lead to social harm, for exam-
ple in settings where intimate
partner violence is common, a
female participant being com-
pensated with money may
face violence if she does not
surrender it to her partner. In
such instances – and investiga-
tors are encouraged to be well
versed with the social milieu of
their study communities ahead of finalizing the pro-
tocol non-monetary compensation is recommended.
What about compensating a participant who injects
drugs? The principle of justice posits that study par-
ticipants should not be treated differently just be-
cause they are vulnerable. On the other hand, there
is genuine concern that compensation might influ-
ence the voluntariness of participation. While com-
pensation for time might not be of big concern in the
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KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
case of people who use drugs oc-
casionally, it might be a challenge
in the case of people who have a
drug addiction. In addition, the
type of compensation should be
cognizant of the principle of do no
harm (if you suspect that they will
use the money to buy drugs or if
the compensation is so high that it
acts as undue inducement to trial
participation); however, this does
not mean that some participants
should be compensated more than
others, but rather, that the level of
addiction of participants may jus-
tify providing cash compensation
in some cases and not in others.
Another option is to withhold pay-
ment in circumstances where risk
of harm to certain participants is
elevated, and providing it at a lat-
er time where these concerns have
subsided. Whatever the decision,
the type and value/amount of
compensation must be identical
to all participants in a given site,
because providing different types
of compensation to different par-
ticipants depending on their level
of addiction is both unethical and
could bias the data or create un-
necessary friction between study
staff and participants who feel
shortchangediftheydonotgetthe
type of compensation they prefer.
Importantly, investigators should
be aware that when enrolling
PWID as participants, especially
in a prospective study, chances are
high that study staff may learn of
some criminal behavior a partici-
pantmayhaveengagedinorwhere
they obtain their drugs. The staff
should be trained to remember
that they are not working for the
police, and should NOT under any
circumstances divulge any confi-
dential information entrusted to them by the participants or which
they bump on to in the course of interacting with these participants
– this would make participants lose trust in the study completely.
Conclusions:
Hidden, yes; socially excluded, yes; less informed, at times; but
PWID have a right to be included in studies if researchers ex-
pect results to be significant to them. However, they must be ac-
corded extra protection. To do so, investigators must collect
views from representatives of PWID groups to inform protocol
development, including recruitment, wording of consent docu-
ments, locating study sites, hiring of recruiters/tracers, and so on.
Reference
1.	 “The Belmont Report.” United States Department of
Health and Human Services. N.p., n.d. Web. 22 Oct.
2014. <http://www.hhs.gov/ohrp/humansubjects/guid-
ance/belmont.html>.
2.	“Federal Policy for the Protection of Human Subjects
(‘Common Rule’).” United States Department of Health
and Human Services. N.p., n.d. Web. 21 Oct. 2014.
<http://www.hhs.gov/ohrp/humansubjects/commonrule/>.
3.	“Statement on Ethical Issues for Research Involving In-
jecting Drug Users.” National Statement on Ethical Is-
sues for Research Involving Injecting/illicit Drug Users.
Canberra: Australian Injecting & Illicit Drug Users League,
2003. 12-20. Web.
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Collaborating with Gay Men, Other Men Who Have Sex
with Men, and Transgender Individuals (GMT) Organiza-
tions on HIV Prevention, and Care Research in Coastal
Kenya
Contributors
Elise M. Van der Elst,1 Evans Gichuru, 1 Murugi Micheni1, Clifford Duncan2, Ericsson Egesa3, Brian Felix5, Martin
Kyana3, Mahmoud Ali Shally 4, Ahmed Mugambi5, Kennedy Mwendwa3, David Ojwang6,7, Ishmael Omumb-
wa2,8, Lawrence Wambua8,9, Eduard J. Sanders,1 Susan M. Graham1,10
1) Kenya Medical Research Institute (KEMRI)–Wellcome Trust Research Programme (KWTRP), PO Box 230, Kilifi
80108, Kenya
2) Persons Marginalized and Aggrieved (Pema Kenya) – CBO LGBT organization, Mombasa County
3) HIV/AIDS Peoples Alliance of Kenya (HAPA Kenya) – CBO GMT organization, Mombasa County
4) Amkeni – CBO GMT organization, Kilifi County
5) Advanced Relations Towards Health (ARTH) – CBO GMT organization Mombasa County
6) Nelion – Coast province coordinating GMT organization
7) Tamba Pwani – GMT CBO Kilifi County
8) Gay and Lesbian Coalition Kenya (GALCK)-G-10
9) Usawa Kwa Wote Initiative (UKWELI) Mombasa – CBO GMT organization Kwale County
10) University of Washington
I
n September 2005, scientists at the KEMRI-
Wellcome Trust Research Programme (KWTRP)
in Kilifi sought permission from KEMRI’s Ethical
Review Committee (ERC) to enrol adult volunteers
who reported recent anal sex, with a view of study-
ing HIV and sexually transmitted infections (STI) ac-
quisition risks in men who have sex with men (MSM)
and other at-risk populations. While MSM had long
been recognized to exist in Kenya (1, 2), KEMRI’s
ERC was the first ethics review board in Kenya to
grant scientists permission to enrol MSM in re-
search. Since then, over 1,400 MSM have been mo-
bilized and screened for HIV-1 infections, and over
1,000 MSM have enrolled in biomedical research
studies at the KEMRI research clinic in Mtwapa.
  Gay men, other men who have sex with men, and
transgender individuals (GMT) were neglected in
the early HIV epidemic in Africa, due to stigma, dis-
crimination, and even denial of their existence (1).
In the past 5-6 years, however, increasing attention
has been paid to the high risk of male-male sex glob-
ally, including in sub-Saharan Africa (3, 4). In 2011,
the World Health Organization (WHO) published its
first guidelines on prevention and treatment of HIV
and other STI among MSM and transgender people
(5). This was a critical step towards the recognition
of this population’s special needs. Respect for and
protection of human rights is a key principle of this
document, which made two important recommen-
dations on human rights and non-discrimination
in health care settings that bear repeating here:
1.	 “Legislators and other government authorities
should establish antidiscrimination and protec-
tive laws, derived from international human rights
standards, in order to eliminate discrimination and
violence faced by MSM and transgender people, and
reduce their vulnerability to infection with HIV, and
the impacts of HIV and AIDS.
2.	 Health services should be made inclusive of MSM
and transgender people, based on the principles of
medical ethics and the right to health (5).”
These principles are carried forward into the new
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WHO guidelines on HIV prevention, diagnosis,
treatment and care for key populations (6), and
are supported by the Kenya Ministry of Health’s
National AIDS and STI Control Programme (7).
  KWTRP has established a strategy for commu-
nity engagement (CE) to address and minimize so-
cial risks for GMT research participants. This strat-
egy was developed after an attack on the KEMRI
research clinic in February 2010 which specifically
targeted this group (8). Before the attack, a commu-
nity advisory board (CAB) with representation from
at-risk populations and their advocates had been in
place, but this CAB did not represent the broader
community. The current CE strategy involves not
only working with GMT representatives and their
advocates, but also mobilising and educating vari-
ous stakeholders of the broader Mtwapa community,
including religious leaders, health care workers, tra-
ditional chiefs, village elders, and
government representatives. An-
other important component of
the current CE strategy is the in-
volvement of other at risk popu-
lations such as female sex work-
ers (FSW) and injection drug
users (IDU), in our research, in
order to avoid the impression
that KEMRI is singling out GMT
as a risk group. Ongoing CE efforts aim to ensure
an accurate understanding of our research mission
and our goals of preventing HIV and improving
care for at risk populations in and around Mtwapa.
  In light of this mission, KEMRI researchers re-
cently consulted relevant GMT organizations in
the Coast, including ‘G-10’, a recently established
national LGBT coordinating research liaison group
under the umbrella of the Gay and Lesbian Coalition
of Kenya (GALCK), and Nelion, a coastal coordinat-
ing organization for GMT, about the need to plan
and discuss new research together. An outcome of
this consultation was the formation of a new GMT
committee on research in the Coast, called “Utafiti
Pwani” (UP). Because of the stigma and discrimina-
tion faced by these groups, research involving GMT
individuals presents unique challenges in order to
ensure participant safety and benefit. With the for-
mation of Utafiti Pwani, KEMRI researchers saw an
opportunity to learn more about the views of GMT
leadership concerning ethical principles and the re-
search KEMRI has conducted with GMT individu-
als over the past 9 years. We therefore invited the
newly formed Utafiti Pwani committee to a meet-
ing to discuss the ethical principles of research.
  We chose as the focus of our discussion the gen-
eral principles of autonomy, beneficence, non-ma-
levolence, and justice, as outlined in the Belmont
Report and in a recent publication “Respect, Pro-
tect and Fulfil” on best practices for conducting re-
search with GMT groups in rights-constrained en-
vironments (9, 10). During a first meeting between
Utafiti Pwani members and KEMRI researchers,
these four ethical principles were presented. The five
GMT representatives present were asked to share
their views and understandings
of these principles in an open
discussion. Group consent was
obtained prior to the meeting,
and notes were taken by the four
researchers present (MM, EvdE,
EG, and EJS). Notes were com-
piled and edited after the meet-
ing, and the draft manuscript
was then presented back to GMT
representatives for critical review and comment.
  Autonomy was the first principle discussed. Au-
tonomy is not a univocal concept, but for the purpose
of the discussion, the concept of personal autonomy
was discussed and defined as individual self-rule or
decision-making that is free from controlling in-
terference by others and free from limitation, such
as a limited understanding that prevents meaning-
ful choice. In connection with this definition, the
following elements or conditions were discussed:
1.	 Competence (the ability to understand) and
voluntariness in deciding about research participa-
tion. An example was given of persons who are
under the influence of drugs or alcohol. This
would cause a researcher to determine that the
individual lacks (at least temporarily) decision-
making capacity. With respect to low education
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KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
levels and literacy rates in the GMT communi-
ty on the coast, empowerment was mentioned
(“We have the passion to learn”), as well as pro-
viding sufficient time – “no rush” – to decide par-
ticipation.
2.	 Accurate information and the right to refuse.
GMT representatives referred to the actual
information-giving procedures at KEMRI, in-
cluding information provided in the reception
area, at the drop-in centre, in an informed con-
sent video describing ongoing research, and in
counselling and clinical sessions. GMT repre-
sentatives unanimously felt that autonomy is
respected during these processes, although they
thought professional behaviour from research
staff was important: “The way you handle partici-
pants/patients…First impressions matter.” GMT
representatives felt that decisions to refuse re-
search participation were well respected by the
research team. In contrast, it was felt that peer
workers who provide information in the field
were sometimes “under pressure to recruit” or un-
der “pressure to meet research objectives.” It was
felt that these peer mobilizers need additional
training in providing information.
3.	 Informed consent and balancing risks and ben-
efits. After current informed consent procedures
at the KEMRI clinic, it was felt that potential
participants were sufficiently informed about
the potential benefits and risks of their choice
of participation, however, “there are sometimes
risks you are not thinking about, they are not in
the consent form…” “Risks can come in at a later
stage…” It was recognized that participants are
allowed to withdraw from research at any time,
although some benefits of research could be lost
by doing so: “You (as a participant) can pull out of
the research anytime, but whoever pulls out of the
research, doesn’t realize the free service…[will no
longer be provided].” It was stressed that inves-
tigators would do well to solicit and incorporate
the suggestions of the GMT community and po-
tential participants in designing research proto-
cols, consent forms, and recruitment strategies.
4.	Collaboration, dialogue, and interpersonal
trust. Dialogue between researchers and GMT
individuals was identified as the most impor-
tant component needed to address the issue of
autonomy. The importance and value of commu-
nication was mentioned throughout the discus-
GMT, KEMRI, IAVI, GALCK Consultation meeting on research in coastal Kenya.
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Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
sion, and was closely inter-
twined with truth telling and
transparency. In the words of
one GMT representative, “It
all depends on how open [staff
members] are in a given facil-
ity…” Communication break-
downs between participants
and the research team may be
traced back to a lack of clar-
ity about expectations, which
can lead to strong emotional
reactions and disagreements.
These breakdowns should
be remedied by maintaining
open lines of communication
and by ensuring that expecta-
tions of the research team are
realistic.
5.	 Ethical conflicts and co-
ercion. As much as an indi-
vidual’s voluntary decision of
research participation should
not be influenced by others
or be based on monetary in-
centives, GMT individuals
may consent to research par-
ticipation in large part due
to medical or financial need.
Medical care was frequently
mentioned as a benefit of the
KEMRI research clinic: “The
treatment given professionally
when one presents with a medi-
cal problem…” or “I presented
myself because I needed medi-
cal care…”Another challenge
that was brought up as possi-
bly coercive was the transport
reimbursement provided to
participants after attending
study visits. This reimburse-
ment is perceived by some in
the GMT community as “get-
ting money for participation.”
In the words of a GMT repre-
sentative: “GMT are financially
restricted, and if you need treat-
ment and you don’t have money,
it helps when you get 350 shil-
lings…” Another reflected “I
see transport reimbursement
as a way of taking care of your
participants…” It was thought
that the needs of GMT indi-
viduals may sometimes in-
terfere with the autonomy of
their decision making.
Recommendations of the GMT
representatives about protecting
autonomy were therefore to allow
adequate time for decision-mak-
ing, ensure accurate information
from all levels of staff, obtain in-
put from the GMT community to
improve understanding, clarify
expectations regarding services,
and provide options for medical
care outside of research protocols.
  The next principle discussed
was beneficence. The principle
of beneficence refers to a moral
obligation to act for the benefit
of others. This was presented as
a promotion of well-being, with
the notion that individual risks
should be acceptable only if over-
all benefits of the research were
prevailing. This led to a lively dis-
cussion of both direct and indirect
benefits of research. GMT repre-
sentatives considered a number of
research clinic procedures benefi-
cial, including medical care, treat-
ment, and counselling sessions.
The transport reimbursement
(currently 350 shillings per sched-
uled visit) was also considered a
benefit. In contrast, attending
the KEMRI clinic, which is known
by the community to serve GMT
individuals, was considered an
important risk by one GMT repre-
sentative: “The risk is shame – being
insulted, ridiculed and called sho-
ga…” by people in the neighbour-
hood. Another perceived risk was
loss of confidentiality when par-
ticular procedures are performed
that could potentially identify in-
dividualsasHIVinfected.Thelarge
blood draw for patients enrolled
in the acute HIV infection proto-
col was mentioned as a drawback
of research participation. How-
ever, most GMT representatives
felt that risks and benefits were
well balanced. Receiving quality
medical care, including STI treat-
ment, was a benefit outweigh-
ing the risks of being recognized
for entering a “gay” clinic. GMT
representatives also reflected on
the empowerment that many of
their members had gained over
the years that KEMRI’s research
with GMT communities has taken
place. In addition, GMT represent-
atives felt that an indirect benefit
came from the public health im-
pact of KEMRI’s work to reduce
HIV and STI transmission, as well
as from sharing research find-
ings that can promote the public
good. Finally, GMT representa-
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Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
tives felt that training peer educators to provide
accurate information on ongoing or new research
would help promote accurate knowledge of the risks
and benefits of potential research participation.
  The ethical principle of non-malevolence was de-
scribed as the researchers’ mandate to cause no wil-
ful harm, and to ensure the safety of participants at
all times. Discussion of this principle highlighted the
difficulty of distinguishing intentional malevolent
harm from harm that may occur as an unintended
but potential risk of research participation. The idea
that most research carries some degree of risk, albeit
for which necessary contingency measures are in
place, was in itself seen as harmful. The example of
large blood draws required for some research proto-
cols was again given. These blood draws were felt to
be distressing and unhealthy, and the harm therein
improper. Another example concerned the participa-
tion of GMT in a recently KEMRI-made CE film called
FacingourFears(11). Some participants felt that pub-
lic release of the film could identify GMT individuals
andpotentiallycauseharm,eventhoughparticipants
in the film provided informed consent. One GMT
representative who had been filmed was uncomfort-
able with the scene he was in, and requested that it be
edited. However, the GMT representatives also felt
that facilitated viewing of this film with community
stakeholders had contributed to a greater perceived
safety of the KEMRI clinic and its environs. Overall,
the discussion of non-malevolence was reassuring,
with its emphasis on protection by the ethical review
process, by emphasizing patient autonomy in deci-
sions about participation, and by data protection
and confidentiality procedures in ongoing research
protocols. The GMT representatives felt that provid-
ing accurate information to all potential research
participants, detailing potential risks and benefits,
and allowing potential participants adequate time
to process and fully understand the implications of
their involvement would create a more trustful rela-
tionship between researchers and GMT individuals.
  Justice was the final ethical principle discussed.
The principle of justice was presented as one of fair-
ness: research should be impartial, should ensure
equitable treatment, and should provide benefit to
communities. For research to be just, recruitment
and inclusion of participants should follow clear and
transparent procedures that derive from clear scien-
tific objectives. Risks and benefits should be made
clear, and should not be unfairly distributed be-
tween participants. For example, some GMT repre-
sentatives felt that the provision of the same trans-
portation reimbursement, regardless of primary
residence, was inequitable. Others complained that
individuals perceived to have a social connection
with clinic staff would sometimes jump the queue.
Some felt that staff could be indifferent, unfriendly,
or even rude to certain individuals who were more
stigmatized than others (for example, transgen-
der individuals). A non-research example was the
provision of food aid in some local clinics to HIV-
positive individuals only. GMT representatives felt
that justice went beyond fair treatment of partici-
pants or patients, extending to the community from
which participants are recruited. To them, justice
includes a moral obligation to ensure fair adjudica-
tion between competing claims, not only as they
relate to research participation, but also in terms
of hiring and retention of community members in
research-related jobs. In general, the GMT repre-
sentatives felt that justice could best be served by:
•	 Promoting policies that advance fairness and
safety for the GMT community, including access to
research benefits, formal recognition and/or em-
ployment of those contributing to research efforts,
non-discrimination for all individuals, and protec-
tion from violence, harassment and mistreatment;
•	 Expanding the base of support for GMT
health rights by forging alliances with oth-
er advocacy and human rights groups; and
•	 Implementing and monitoring re-
search procedures to ensure that protocols
are closely followed and staff are trained in
fair and equitable treatment of participants.
  Overall,thisdiscussionofethicalprinciplesproved
enlighteningforbothresearchersandtheGMTrepre-
sentatives who participated. There was considerable
appreciation of the need to adequately balance the
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Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
risks and benefits of research. In addition, we identi-
fied a clear need to ensure the provision of accurate
information about research, both in the community
and at the clinic. We found that there is great value
in promoting open communication between GMT
organizations and researchers, with an ongoing ex-
change of ideas on ethical principles, policies, and
human rights. The new Utafiti Pwani committee on
GMT research has identified a potential role for itself
inconveyingresearchinformationtothecommunity
during outreach sessions. In addition, the GMT rep-
resentatives serving on this committee expressed
interest in further training on research and ethics,
and a desire to be included in protocol development
from the early stages, in order to help inform re-
cruitment, consenting, and monitoring procedures.
  This exploration of ethical principles by research-
ers and GMT representatives was an important op-
portunity to exchange views and learn from each
other. Although it was not an in-depth assessment of
the GMT representatives’ understanding of research
ethics, this meeting and its summary have provided
a valuable learning opportunity, both for a newly
formed GMT research liaison committee and an ex-
perienced research team. In the words of a GMT rep-
resentative who participated, “GMT are not special,
but we have special needs. Although not yet accepted by
the community, we are of the community…We also have
our rights.” Researchers should make every effort to
keep an open line of communication with commu-
nities affected by their research, particularly com-
munities that are vulnerable or stigmatized. In addi-
tion, representatives of such communities should be
empowered to make their voices heard and provide
their own unique contributions to improving health
and other outcomes. We believe that such efforts
will result in greater inclusion, acceptance and re-
spect for GMT people — and indeed for all people.
Acknowledgements:
We thank the International AIDS Vaccine Initiative for supporting our work. The KWTRP at the Centre
for Geographical Medicine Research-Kilifi is supported by core funding from the Wellcome Trust
(#077092). This study is made possible by the generous support of the American people through the
United States Agency for International Development (USAID). This study is also supported by the Uni-
versity of Washington Center for AIDS Research (CFAR), an NIH funded program (P30 AI027757),
which is supported by the following NIH Institutes and Centers (NIAID, NCI, NIMH, NIDA, NICHD,
NHLBI, NCCAM). SMG was supported by NIH grant 1R34MH099946-01. The contents are the re-
sponsibility of the study authors and do not necessarily reflect the views of USAID, the NIH, the United
States Government, or the Wellcome Trust. This report was published with permission from KEMRI.
References
1.	 Smith AD, Tapsoba P, Peshu N, Sanders EJ, Jaffe HW.
Men who have sex with men and HIV/AIDS in sub-Saharan Af-
rica. Lancet. 2009;374(9687):416-422. PubMed PMID: 19616840.
2.	 Kiama W. Where are Kenya’s homosexuals? AIDS
analysis Africa. 1999;9(5):9-10. PubMed PMID: 12295088.
3.	 Beyrer C, Baral SD, van Griensven F, Goodreau SM, Chari-
yalertsak S, Wirtz AL, et al. Global epidemiology of HIV infection in
men who have sex with men. Lancet. 2012;380(9839):367-377. Pub-
Med PMID: 22819660; PubMed Central PMCID: PMC3805037.
4.	 Sullivan PS, Carballo-Dieguez A, Coates T, Goodreau SM,
McGowan I, Sanders EJ, et al. Successes and challenges of HIV preven-
tion in men who have sex with men. Lancet. 2012;380(9839):388-399.
PubMed PMID: 22819659; PubMed Central PMCID: PMC3670988.
5.	 World Health Organization. Prevention and Treat-
ment of HIV and Other Sexually Transmitted Infections among Men
Who Have Sex with Men and Transgender People: Recommenda-
tions for a Public Health Approach. Geneva: WHO Press; 2011.
6.	World Health Organization. Consolidat-
ed Guidelines on HIV Prevention, Diagnosis, Treatment
and Care for Key Populations. Geneva: WHO Press; 2014.
7.	 NationalAIDSandSTIControlProgramme.StrengtheningCommu-
nity,Researchers and Funders Partnerships and Coordination on MSM/LGBT
ResearchinKenya:ReportofaResearchPartnershipMeetingforMSM/LGBT
community, Researchers, and Funders. Nairobi: Government of Kenya; 2014.
8.	 Nordling L. Homophobia and HIV research: Under
siege. Nature. 2014;509(7500):274-275. PubMed PMID: 24828173.
9.	 Department of Health, Education, and Welfare. The Belmont
Report: Ethical Principles and Guidelines for the Protection of Human
Subjects of Research. Washington, DC: United States Government; 1979.
10.	 amfAR, The Foundation for AIDS Research, International
AIDS Vaccine Initiative (IAVI), Johns Hopkins University – Center for
Public Health and Human Rights (JHU-CPHHR), United Nations De-
velopment Program (UNDP). Respect, Protect, Fulfil: Best Practices
Guidance in Conducting HIV Research with Gay, Bisexual, and Other
Men Who Have Sex with Men (MSM) in Rights-Constrained Environ-
ments. New York, NY: International AIDS Vaccine Initiative; 2011.
11. Gichuru E, Sariola S, van der Elst EM, Mugo M, Micheni M, Gra-
ham et al. ‘’Facing Our Fears”: Facilitated Film Viewings as a Com-
munity Engagement Tool in Research involving MSM in Kenya’. HIV
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based Prevention Science (HIV R4P) in Cape Town, South Africa, 2014.
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KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
SEX WORKERS AS VULNERABLE SUBJECTS IN RESEARCH
N
ovember 16th 1972 saw the hurried end and
closure in Macon County, Alabama of a syph-
ilis research program more famously known
as The Tuskegee Experiment. Researchers had inten-
tionally not treated 600 participants who had syphi-
lis despite the fact that penicillin had been discov-
ered as a cure and was available. They also withheld
information about penicillin and prevented them
from accessing syphilis treatments available for the
purpose of monitoring and documenting the pro-
gression of syphilis in human subjects, all under the
guise that they were receiving free health care from
the national government. The experiments went on
for 40 years before a leak to the media eventually re-
sultedinstudyclosure.Thismaybearguablythemost
infamous biomedical experiment in US history[1].
  While researching the Tuskegee Experiment in
2005, Professor Susan Mokotoff found documents
detailing yet another unethical experiment cloaked
as research known as the Guatamala experiment.
This experiment involved intentionally infecting
unknowing subjects with syphilis to test the effect
of penicillin in curing syphilis. The records were in-
complete but extrapolated data suggests that com-
plete treatments were administered to only about
26% of the 1500 study subjects[2]. Dr. John Cutler
was involved in both these studies. The research-
ers paid sex workers infected with syphilis to have
sex with prisoners and some prison guards. Some
subjects were infected by directly injecting them
with the bacterium and led to believe that it was
medicine being injected. The study appears to have
ended in 1948 partly due to rumours of the experi-
ment going round medical circles and the cost and
scarcity of penicillin during the Second World War.
This was a dark era in medical research.
  Both these experiments did not involve sex work-
ers per se but took advantage of vulnerable subjects
for the ‘greater good of medical research’. I focused
on sex workers as vulnerable subjects in research
as shown by these two experiments, their vulner-
ability and the ethical considerations that should
be taken when conducting research on sex workers.
Vulnerability
What is vulnerability and what consti-
tutes vulnerability in subjects (sex workers)?
It is a distinctive precariousness in the condition
of the subject: a state of being laid open or espe-
cially exposed to something injurious or otherwise
undesirable. A vulnerability is, so to speak, an av-
enue of attack and in this context, an avenue of at-
tack through poorly thought out, planned or mali-
cious research. Kenneth Kipnis of the University
of Hawaii seperates vulnerability into six general
classes under which everything else would fall [3]:
Cognitive:
Does the subject have the capacity to deliberate
about and decide whether or not to participate in
the study? Capacity here can take many forms. There
have been cases of sex workers signing consent
forms though they are illiterate or semi-illiterate
thus have no idea what they are consenting to. There
are also those that have some level of education but
yet not knowledgeable enough to understand the,
the risks and the benefits of research and so though
literacy would be an advantage, they might still not
fully be capable of grasping the research concept.
Juridic:
Is the subject liable to the authority of others who
may have an independent interest in that par-
Mariga Wang’ombe Martin
Communication student
Moi University
Sex Workers
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Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
ticipation? The authority in this case could be the
sex worker’s “madams” or “Pimps”, who would
have a potential monetary benefit from the al-
lowances given to the sex workers. The author-
ity could also come with parental authorities or
guardians for young sex workers who still live at
home or are under the influence of their guardians.
Deferential:
Is the subject given to patterns of deferential be-
havior that may mask an underlying unwillingness
to participate? Deference to authority may not be
an openly visible cultural diversification trait but
in some communities for ex-
ample, directness is looked
down upon so the subject will
not decline directly. There
are communities that women
see men as figures of author-
ity to be obeyed and even
out of their cultural context,
still remain as they are and
thus would never outrightly
reveal their hesitance or un-
willingness to participate.
Medical:
Has the subject been selected, in part, because he or
she has a serious health-related condition for which
there are no satisfactory remedies? An example is
the research team studying commercial sex workers’
immunity to HIV through possession of ‘T-Cells.’
They concluded that they could not use less vulner-
able subjects to carry out the same research after
looking at the alternatives as some of the subjects
were infected with HIV which has no known cure.
Allocational:
Is the subject seriously lacking in important social
goods that will be provided as a consequence of his or
her participation in research? Poverty makes people
particularly vulnerable. Desperation caused by pov-
erty could possibly make participants sign off with-
out asking too many questions or sign off on research
that they know will most probably harm them be-
cause they don’t feel like they have anything to lose.
Infrastructural:
Does the political, organizational, economic, and
social context of the research setting possess the in-
tegrity and resources needed to manage the study?
Studies carried out on commercial sex workers oper-
ate within a context. Sex workers are in a particularly
sensitive position seeing as the oldest trade in the
world is also illegal. Sex workers face a hydra-headed
composition of adversities in their day to day lives
and thus the study needs to be socially and culturally
welcoming and stable. Studies that are poorly funded
and which are not well supervised or held responsi-
ble tend to be, by history, a disiaster in the making.
ETHICAL CONSIDERA-
TIONS IN RESEARCH ON
SEX WORKERS
Benefits
  This is perhaps the most
visible and spoken of ethi-
cal factor that stands out
when performing research.
UNESCO’s Declaration on
Bioethics and Human Rights
notes that “Benefits should not constitute improp-
er inducements to participate in research.”[4] Pov-
erty can be a great factor in inhibiting voluntary
consent. It has long been agreed that a reasonable
monetary benefit is not payment for or an induce-
ment to research but acts as compensation for the
time, effort and comfort that the participant sacri-
fices to participate in research. On recognizing this
comes the challenge of determining what the ben-
efits will be, who can meaningfully share in the ben-
efits, what motivates participants to take part in re-
search and do monetary benefits play a role in their
motivation and if so to what extent. Sex workers in
Kenya and in other developing countries, are pri-
marily in that position because of poverty or other
extenuating circumstances and thus if their primary
motivation is money, research on them would be
unethical as they would be unable to make an ob-
jective decision on their participation in research.
Legal environment and requirements
  Researchers and the research sponsors should
Sex workers arrested by authorities in Nairobi
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Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
comply with the relevant national
and international laws and regula-
tion regarding research and if pos-
sible, specifically regarding HIV-
AIDS research. Research involving
human subjects is bound by the
Declaration of Helsinki,28 and the
CIOMS Guidelines.29 These do
not have independent legal stand-
ing, but comprehensively touch
on medical ethics, influencing
the formulation of international,
regional and national legislation.
  UNESCO has issued a variety of
Declarations relating to bioethics
and human rights, which seem to
be written with particular concern
to developing countries where a
lot of medical research has moved
to because of less stringent re-
search regulations. They provide
guidelines in the formulation of
relevant policies. The Human Ge-
nome Organisation (HUGO) Eth-
ics Committee acknowledges ben-
efit sharing as a research principle
and apart from promoting ben-
efits to the participating commu-
nity, they also propose that ben-
efits should not be limited to the
communities that participated in
the research[5]. Kenya has also
developed National Guidelines
for Research and Development
of HIV/AIDS Vaccines to provide
a framework for evaluating and
developing HIV/AIDS vaccines
in the country. The Guidelines
provide a collaborative blueprint
that enables government and
non-governmental organizations
to participate in research and de-
velopment of the HIV vaccine[6].
Ethical review approval and
process
  Ethics Review Boards (ERB)
are necessary to ensure supervi-
sion of research to ensure that it
is carried out within the set out
bounds. The committees carry out
approval of planned research, can
review the research as it is going
on and can intervene if ethical
regulations are being flouted. For
organizations carrying out inter-
national research, international
guidelines dictate that approval
should be sought from the ERB in
the country where the researcher
is based and the country where the
research is going to take place. The
ERBs must clearly be identified by
the researchers in their documen-
tation and if approval will not be
given by both boards then a satis-
factory reason must be provided.
Informed consent / assent
 Emerging economies have
started acknowledging the par-
ticular vulnerability that their
citizens have due to their current
economic or cultural position and
thus have developed standards
against which consent can be held
to be valid or invalid. Standard
procedures may be slightly modi-
fied to meet the social and cultural
variations in the community but
informed consent must be strictly
adhered to in all this[7]. The prin-
ciples of informed consent- au-
tonomy, justice and beneficence
should be documented in written
form and followed for account-
ability. In the case of sex workers,
it should be clearly acknowledged
and outlined that they are a vul-
nerable population and the neces-
sary steps taken to ensure adher-
ence to the principles of informed
consent e.g. Interviewing them to
ascertain their motivation for par-
ticipation in the research process.
The potential benefits should be
presented in a balanced and ob-
jective manner. The sex workers
should be made aware of the actual
and potential risks that they face,
whether short-term or long-term. 
  The sex workers should also
be provided with alternatives in
case they don’t want to partici-
pate in the research e.g. other re-
search programs or other treat-
ments that they could pursue.
  Sex work is an ethical discus-
sion that reverberates interna-
tionally but the recognition of
sex work as an occupation would
help researchers carry out re-
search in an ethical and respon-
sible manner. The Hippocratic
Oath would also help when fac-
ing conundrums- Do No Harm
- seems to succinctly sum up
how to run biomedical research.
1.	 Fred, Gray D. “The Tuskegee Syphilis Study.” N.p.
Web. 22 Oct. 2014. <http%3A%2F%2Fwww.history.ucsb.edu%
2Ffaculty%2Fmarcuse%2Fclasses%2F33d%2Fproje%2Fmedic
ine%2FThe%2520Tuskegee%2520Syphilis%2520Study.htm>.
2.	 Macklin R. Double Standards in Medical Research in De-
veloping Countries (Cambridge:Cambridge University Press, 2004).
3.	 Kipnis, Kenneth. “Vulnerabilityin Research Subjects: A Bioethi-
calTaxonomy.”RESEARCHSUBJECTS:ABIOETHICAL(n.d.):n.pag.Uni-
versityofHawaiiatManoa.Web.22Oct.2014.<http://www.aapcho.org/wp/
wp-content/uploads/2012/02/Kipnis-VulnerabilityinResearchSubjects.pdf>.
4.	 UNESCO. “Article 8.” Universal Declaration on Bio-
ethics and Human Rights. Paris: UNESCO, 2006. N. pag. Web.
<http://unesdoc.unesco.org/images/0014/001461/146180E.pdf>.
5.	HUGO Ethics Commit-
tee. Statement on Benefit-Sharing, April 9 2000.
6.	 Ministry of Health. Kenya National Guidelines for Re-
search and Development of HIV/AIDSVaccines, March 2005.
7.	 Fawkes, Janelle. 2005b. ‘Community and Research Partnerships
- Improving CommunityEngagement and Productive Research Outcomes for
SexWorkerCommunities’.PanPacificRegionalHIV/AIDSConference2005
ConferenceHandbookandAbstracts1:94.Auckland:NewZealandFoundation
Photo by freedigitalphotos.net
1919
Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
Case challenge- Impact of civil war on health systems
  Effective control of malaria is heavily de-
pendent on a functioning health care system
(i.e. drug distribution, information systems,
and preventive, curative, and referral sys-
tems). In some of the countries in greatest
need of malaria control, however, armed con-
flict has severely disrupted the structure of
their health systems by putting strain on re-
sources and increasing the burden of disease.
  A group of researchers from the health min-
istry of a sub- Saharan African country de-
cide to study the impact of armed conflict on
their country’s health system, in the hope of
identifying interventions that can strengthen
health systems in time of war. They decide to
collect data from two groups. One group will
include those who are most likely to be vul-
nerable to disease outbreaks during armed
conflict, namely, internally displaced people
(IDPs) and members of the host communities
in which they live. The second group includes
key leaders and stakeholders responsible to
and for these host communities, such as poli-
cymakers, representatives of aid agencies, and
officials in charge of health care and of IDP
camps. Data from the first group (i.e. vulner-
able people) will be collected through focus
group discussions while data from the second
group (i.e. leaders and stakeholders) will be
obtained through semi structured interviews.
In order to “purposively select ID camps and
communities that best reflect the reality of
the district conflict setting”, the IDP camps
and communities will be selected by district
officials. Focus group participants will be re-
cruited by self-appointed community leaders.
  At the end of the study, the researchers
plan to hold a 2-dayworkshop for leaders
and officials in charge of health care in each
community to present the results. These of-
ficials will then be responsible for dissemi-
nating the findings to study participants
and other members of each community
through public meetings. No compensation
will be provided to the research participants.
Questions
1. Is it appropriate for community leaders
to be responsible for recruitment of partici-
pants from a vulnerable population, in this
case an internally displaced population?
2. How much is owed to the participants
in terms of dissemination of results? If
the researchers do not directly convey the
findings to participants, is it their respon-
sibility to ensure that health care leader-
saccurately convey them to participants?
3. Should there be ethical con-
cerns about including both IDPs and
members of the host community in
the same group? Why or why not?
Adapted from the case book on ethical issues in international health research,
Case 41, pg 133
The first three respondents in will receive a prize.
The first correct response will also receive a prize.
Answers should be submitted to ddrt@kemri.org
2020
Volume IV Issue III July-September 2014
KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW
Announcement
Transition to S.E.R.U Review
The Kenya Medical Research Institute wishes to inform
all researchers that Scientific Ethics Review Unit (SERU)
will initiate multiple committees for a joint science and
ethics review beginning 	 1st November 2014
Consequently you are advised to submit five copies of the
following documents directly to S.E.R.U and not SSC or
ERC from 1st November:
•	 Amendments
•	 Notifications
•	 Protocol deviations or violations
•	 Severe Adverse Events (SAE)
•	 Submission of investigators brochures
•	 Continuing review requests(CRR)
•	 Study closeout reports
Note that all new protocols must be submitted to SSC for
review and subsequent forwarding to ERC upon approval
All new protocols with animal use must be submitted to
Both SSC and ACUC as was previously done
Template documents to be used for submission will be
uploaded on the KEMRI website at www.kemri.org/index.
php/research-commitees/research-commitees/seru
Call for Logo suggestion
The new KEMRI Science
and Ethics Reviw Unit
(SERU)
The ADILI Task force is requesting
logo suggestion for the KEMRI Scien-
tific and Ethics Review Unit (SERU).
Submission is open to all KEMRI staff
members.
Please consider the unit functions in
creating the logo.
The staff member with the winning
logo will be acknowledged and re-
warded for the innovation
Kindly submit your logo in suit-
able format(JPEG) to Office of the
Deputy Director Research and Train-
ing through ddrt@kemri.org by 10th
November 2014.

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Tips for Conducting Research with Vulnerable Groups

  • 1. Volume IV Issue III July-September 2014 KEMRI Bioethics Review Volume IV issue 3- 2014 Ethics of conducting Research on vulnerable Groups
  • 2. 22 Volume IV Issue III July-September 2014 Editor in Chief: Prof Elizabeth Bukusi Editors Prof Sammy Njenga Mrs Caroline Kithinji Ms. Everlyne Ombati Ms Daisy Kadenyi Production & Design: Mr. Timothy Kiplagat For questions and queries write to: The KEMRI Bioethics Review ADILI-The KEMRI Bioethics Center P.O. Box 54840-00200 Nairobi, Kenya Email: DDRT@kemri.org Contents 1. From the Chief Editor 2. From the Director KEMRI 3. Tips on conducting research with vulnerable subjects 4. Collaborating with Gay Men, Other Men Who Have Sex with Men, and Transgender Individuals (GMT) Or- ganizations on HIV Prevention, and Care Research in Coastal Kenya 5. Sex workers as vulnerable subjects in research 6. Case Challenge 7. Announcements Call for articles The KEMRI Bioethics Review is eager to relay information about Ethics in Research within KEMRI and elsewhere on a regular basis. The Chief Editor encourages articles submission from all members of staff at the Institute . Next theme: Ethics of conducting Clinical Trials Research Format: Articles should not exceed 4 pages in single Send Articles to ddrt@kemri.org Deadline 20th November 2014
  • 3. 33 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW    Welcome to the third issue of this year with a focus on research among vulnerable population.The Belmont Report defines vulnerable populations as those groups that might “bear unequal burdens in re- search” because of their “ready availability in settings where research is conducted”.This reminds of my earliest contact with research as a medical student. A lecturer came to class and asked us to test a particular product.We all consented, at least by participation though we were not asked to sign anywhere. The topic this lecturer taught was a difficult subject (not sure which subject in medicine is easy) and no one wanted to offend the senior colleague.We all participated, indicated our response to the product we tested.The next weekorso,thelecturerbroughtusallsodas.Weappreciateditandfeltveryprivileged.Wedidnotrealizeour vulnerability as students doing research with a lecturer.This was before some of the advances made in the field of research regulation worldwide and before the structures that NACOSTI has worked hard to create.   In this issue we feature articles on vulnerable subjects who include: People who inject drugs, men who have sex with men, and sex workers. These are just few examples of vulnerable popu- lation that we hope offer insight on the ethical challenges of vulnerable populations and give guid- ance on the extra safeguard measures required to ensure that the autonomy of such groups are al- ways protected. It is our responsibility as researchers to conduct research, but we MUST do so carefully, respectfully and ethically. This duty is further magnified when undertaking research on any groups of people who are perceived to have less autonomy in any particular circumstance.   The concept of autonomy is very important in research involving vulnerable subjects. Individu- als should be treated as autonomous agents, and when that autonomy is affected or diminished as in the case of vulnerable populations, then those individuals are entitled to increased protection. Before granting approval for research, ethical committees must consider if adequate information and op- tions are provided and if indeed informed consent can be obtained in such circumstances without coercion or undue influence. Any researcher seeking ethical approval either from the KEMRI ERC or any other accredited ethical review committee should be aware of the need to adequately jus- tify the inclusion of vulnerable subjects such as prisoners, students, children e.t.c in their research.   Of note however that the principle of justice demands that vulnerable populations should not be automatically excluded from research or treated as if their health or other concerns do not merit scientific study or intervention. It is however important that they be included in research that can respond to their specific needs and circumstances as well and that they are not used as an easy tar- get or available populations to respond to research that will benefit other population groups. Typi- cally, the clear justification for inclusion of a vulnerable group in research is when there is suffi- cient evidence that a problem disproportionately or otherwise directly also affects such a group.    Researchersmustbecautiouswhendealingwithvulnerablepopulationsasmisconductwithinsuchgroups ismorelikelytoattractunwarrantedattentioninwaysthatmayadverselyaffectthereputationof researchers ortheinstitutionstheyarepartof.Thismaymakeitmoredifficultforfutureresearcherstogainaccesstopar- ticulargroupsorcommunitiesorconductresearchinsomeregions.Ihopeyouwillfindthisissueinformative. Prof Elizabeth Bukusi The Chief Editor From the Editor In Chief Prof Elizabeth Bukusi Deputy Director, Research and training
  • 4. 44 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW A word from the Director KEMRI Prof Solomon Mpoke, PhD, MBS Director KEMRI “It is critical that all KEMRI researchers ex- ercise due diligence to ensure that vulnerable subjects are protected and empowered to have a full understanding of their participation in a proposed study, and any limitations of the study as a strategy to effectively manage the expectations of the study subjects” Welcome to this issue on Vul- nerable Subjects in Re- search. Biomedical re- search plays a crucial role in improving health and quality of life of all hu- man populations, includ- ing those who may be vulnerable or marginal- ized in one way or anoth- er. Good quality research studies offer accurate and objective representation of wide-ranging cir- cumstances and helps to bring to light the existing health gaps within a population. However, some pockets of a population may be easily left out, or have their concerns not easily attended to. KEM- RI’s core mandate is not only limited to conducting high quality research for health but also guarantee- ing that such research is done with integrity that meets the highest possible ethical standards- and that all relevant populations are duly attended to.   We live in a diverse society with differing social, economic and health status, and also where exist- ing health problems vary across populations. Tar- geted interventions are needed to provide solutions to the prevailing health problems afflicting different groupsofpeopleinourcommunities.Goodscientif- ic ethics demands that research must include groups in the population that may be considered vulnerable e.g. prisoners, students, subordinates, sex workers, and other marginalized groups. These groups of people may be considered to have reduced auton- omy and would therefore need additional attention and protection when research that involves them is being reviewed by ethical review committees.   Another common challenge while conducting research is that, despite relevant safeguards, some participants in research may often feel they are be- ing used (common word is as “guinea pigs”) and a perception therefore that the researchers do not care about their wellbeing. Such ex- periences discourage research in that they lead to lack of trust and antagonism towards researchers among the community or groups involved. If research is not conducted because of this perception, then this reinforces the sense of vulnerability of the groups that such research is supposed to be help- ing. However, there is a solution to this, and this is found in the informed consent forms. With adequate informed consent, such participants have an oppor- tunity to inform the Ethics Research Committees of any concerns they may have concerning the study. The information provided on the consent is there- fore more than just a routine requirement; it is a crit- ical part of empowering those engaged in research by allowing them an avenue through which they can voicetheirconcernsaspartofprotectingtheirrights.   It is critical that all KEMRI researchers exercise due diligence to ensure that vulnerable subjects are protected and empowered to have a full understand- ing of their participation in a proposed study, and any limitations of the study as a strategy to effec- tively manage the expectations of the study sub- jects. It remains important that vulnerable groups are not excluded from research to ensure that their well being and research needs are taken care of. I hope this issue on vulnerable subjects will be in- formative to you. Prof Solomon Mpoke Director KEMRI
  • 5. 55 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW TIPS ON CONDUCTING RESEARCH WITH PEOPLE WHO INJECT DRUGS I have asked myself many times why most of us researchers like to locate our studies in or re- cruit our participants from relatively deprived communities – we seem to have unwritten affinity to sites in and around informal settlements, such as Kibera, Majengo, Kariobangi, Mathare, Korogocho and Mukuruin Nairobi; Obunga, Manyatta, Nyalen- da and Bandani in Kisumu; or in hospitals serving poor rural communities. I ask myself: Why aren’t our clinical trials conducted in Runda, Kileleshwa, West- lands, Muthaiga (Nairobi) or Milimani, Tom Mboya, Grace Ogot (Kisumu), or Nyali (Mombasa) or other affluent neighborhoods in our cities? What propor- tion of the studies we conduct are in hospitals such as Nairobi, Aga Khan, MM Shah and Avenue,? And this isnotjustwhenwestudyconditionsassumedtobeof the “poor” such as diarrheal diseases, skin infections, malnutrition, and the like. Is it because individuals from these settings are likely to refuse to participate in a study on HIV, for example, yet they equally ben- efit from drugs and other interventions resulting from such studies? Or is it too expensive or cumber- some to conduct studies in such neighborhoods that researchers purposefully keep a wide berth between them and these neighborhoods or hospitals? I do not have an answer, and neither do I regard research among poor populations as wrong or unethical. Inclusion of the poor in research work makes it rele- vanttothem,Iattemptadiscussionontheethicalim- plicationsresearchersneedtoconsiderwhileconduct- ing research among poor and vulnerable populations. The Belmont Report[1] and the Common Rule[2] set forth three principles which guide all research with human subjects, (I prefer to call them human participants). These include justice, respect for per- sons, and beneficence. Institutional Review Boards (IRBs) or Ethics and Research Committees (ERCs) responsible for protecting the rights and welfare of human research participants are guided by these principles, as are study funders, sponsors and inves- tigators. While these principles guide research with all human participants, special attention needs to be paid to studies involving certain categories of peo- ple, termed as ‘vulnerable population’. These include children, pregnant women, prisoners, minority pop- ulations, economically disadvantaged groups, people with various disabilities – mostly mental and physi- cal, patients, and so on. These groups may, for vari- ous reasons, be mentally incapable of understanding the study well enough to provide informed consent. They may also be compelled to participate in a study because of the anticipated gain or their inability to decline, especially if the researcher holds power over them (e.g., in doctor-patient, employer-employee or teacher-student relationship – see scale where one person is “heavy” enough to call the shots). This piece presents a few tips on how to conduct re- search with people who inject drugs (PWID): how to recruit them, how to obtain consent, and how to compensate them. The Principle of Justice requires that vulnerable groups participate in research so as Prof Kawango Agot, Director, Impact Research & Development Organization Kibera informal settlement Railway tracks in Kibera informal settlement
  • 6. 66 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW to receive their share of benefits from re- search findings. How- ever, they must be protected from hav- ing more than their fair share of burdens arising from participating in research. Similarly, the Principle of Beneficence calls on investigators to do no harm. This includes avoiding undue influence and being keen to ensure that vulnerable participants fully understand the risks of research and the vol- untariness of participation before they join. Respect for Persons entails that investigators ensure poten- tial participants have the capacity to make informed decision to participate in a study, without direct or indirect influence. This responsibility extends to pro- tecting those with limited or compromised autono- my. How then do we enroll PWID in studies while providing additional precautions to protect them, knowing as we do that drug use can reduce auton- omy and compromise capacity for decision-making?   However, when all is said and done about the three principles and how they apply to vulnerable populations, more still remains to be done. The Australian National Health and Medical Research Council [3] aptly states: “The responsibility for maintaining trust and ethical standards cannot depend solely on rules or guidelines. Trustworthiness of both research and researchers is a product of engagement between people. It involves transparent and honest dealing with values and princi- ples….and a subtlety of judgment required to eliminate prejudice and maintain respect and human dignity.” Thus, researchers should not only obtain IRB/ ERC approval of study protocol or signed con- sent from study participants; they should also ensure they build a solid relationship with par- ticipants based on trust and mutual respect. Recruitment of participants Criminalization of injecting drug use in many coun- tries make PWID arguably the most stigmatized – hence the most hidden – population of all vulner- able populations. In fact, except for literature from Australia, PWID are hardly listed among vulner- able populations in most literature on the ethics of conducting research with human participants. Because PWID are highly vulnerable and face ex- treme social isolation, the effort to contact them for research purposes poses a number of questions concerning privacy and confidentiality. A key ques- tion that arises is whether participants would be publicly identified as people who use drugs because of their association with the study once word gets out that the study is recruiting such participants. There are a number ways to address this concern. One is to meaningfully engage PWID in the proto- col-making process; for example, by including their representatives in community advisory board or groups, running sensitive topics by them (such as ti- tle of the study), asking them to review the consent documents, discussing with them how and where to conduct recruitment and where to locate the study, getting their views on who should conduct recruit- ment, and so on. Two is to include in the protocol, for IRB/ERC review and concurrence, how potential participants will be identified, where participant re- cruitment will take place, and how the recruitment
  • 7. 77 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW process will be conducted in order to protect the privacy of partici- pants. Three is to select a neutral study name, as that is what gets known by the public. For example, instead of having a study named “Substance Abuse Study” or “In- jecting Drug Use Study, one could name it “PWID Study” or “Key Population Study”. In a recent study conducted by Impact Re- search and Development Organi- zation in collaboration with Ken- ya Medical Research Institute and University of California at Davis, we named the study “XXX [name of study location] Health Study”. A name such as this can be written anywhere and the public would not know what the study is about. Then in the consent document, the actual descriptive title, eligi- ble population and purpose of the study are discussed so potential participants are not misled into joining a study where full disclo- sure has not been made; however, because the document is seen only by the study staff and each partic- ipant individually, the details are unlikely to spill out unless a partic- ipant or a study staff discloses the details to the public. Investigators should be aware that like most vulnerable populations, PWID may have a group advocating for their rights, and you do not want to be in collision path with them! Once the name of the study is not obvious to the public regard- ing the population targeted, a site should be selected, with consul- tation with representatives from PWID, that is neither too secluded (as this may raise suspicion of the public) nor too open (as this may lead to involuntary disclosure of the target population). Ideally, recruiters and tracers should be their peers who know where to find them and whom they trust well enough not to disclose their iden- tity to the wrong peo- ple (read: the police). Our study is located at a Drop-in Center (DiCE) serving different Key Populations (female sex workers, men who have sex with men, and PWID). When participants come in, it is not obvious whether they come for the study or for routine services at the DiCE. This way, and working with peer educators as recruiters/tracers, we are able to conceal the identities of the participants from the public and other DiCE users. In addition, some participants prefer to be in- terviewed in their safe spaces, and the study makes this provision. Consenting: Investigators are called upon to evaluate the ability of their par- ticipants to independently enter into informed-consent agreement and protect their own interests throughout the study. Drug (mis) use has the potential to impair the ability of potential or actual participants to make rational de- cision about joining or remain- ing in a study (often referred to as decisional impairment). How- ever, depending on the extent of addiction, investigators should train study staff on how to as- sess whether the participant is cognitively competent to under- stand the study and make an in- formed decision to participate or not. Most PWID have what is known as situational impair- ment, in which they move in and out of stupor or just being high. The study staff should take advan- tage of windows of soberness to administer consent, and impor- tantly, assess comprehension of the consent by asking questions after each paragraph, giving quiz- zes to document understanding, asking them to state in their own words key areas such as purpose of the study, study procedures, risks and benefits, asking for
  • 8. 88 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW their understanding of technical terms and phras- es, and so on. Additionally, it should become clear to the participants what the study can and cannot provide as many expect additional benefits, such as clean needles and syringes, Hepatitis B and C testing, Methadone….and even job opportunities. While administering enrolment consent may appear difficult, it is relatively easier compared to ensur- ing participants turn up sober for follow up visits. The tendency is for PWID to come when intoxicated, and in studies where the window for follow-up vis- its is narrow, participants may easily make the study fail when they miss their visits or come too intoxi- cated to understand the study procedures so can- not give consent for continued participation. PWID should provide written consent, even more so than non-vulnerable participants. This is because of the temptation to justify oral consent because of their compromised status, and shortchange them in the process. That said, extra care must be taken not to disclose their participation to family members or the public, because in the state of being intoxicated they may leave the consent documents where it can be accessed by unauthorized persons. Study staff should ask participants if it is safe for them to carry the document home or if they prefer to have it kept at the clinic; alternatively, investigators should con- sider requesting for a waiver from the IRBs/ERCs to exclude the names of participants and only have their study numbers, signature and date included, which would make it relatively more difficult to link the docu- ment with any individual. Compensation: For participation in research, studies often refund fare for coming to the study site and compensate participants for time spent at the study venue, including time taken to travel to and from the venue. Setting an appropriate compensa- tion for time pose challenges in terms of setting the amounts or types of compensation that would not be deemed by IRBs/ERCs or the participants as coer- cive. It is reasonable to factor in a full day for a study where procedures and waiting time take at least 4 hours, excluding travel time to and from the study site. This is because even when total time spent trav- elling and at the clinic is, say, 6 hours, the disruption of going for a study visit would not allow the partici- pant to engage in other income-generating activities for the remaining time. For instance, a participant cannot go to the farm or sell her merchandise on the day of her/his study visit, and investigators should consider compensating for one full day of lost wages. Even when a visit takes only 2 hours, a participant is unlikely to go to the shamba (farm)unless she/ he visits the study site in the afternoon, a practice study staff often discourage. The point I am making is that if compensation for time is being considered, it should be based on actual time taken to partici- pate in the study procedures, time taken to travel to and from the study venue, and the disruption of routine work simply by the fact that the partici- pant needs to set everything aside to go for the visit. That said, compensation should be based on some justifiable basis, and daily wage for a typical partici- pant has been used in many studies to set the rate. All factors constant, investigators should avoid in- cremental compensation or a larger compensation at the final visit as this will influence participants’ decision to continue coming for study appointments even if they would otherwise withdraw. Where finan- cial compensation is likely to lead to social harm, for exam- ple in settings where intimate partner violence is common, a female participant being com- pensated with money may face violence if she does not surrender it to her partner. In such instances – and investiga- tors are encouraged to be well versed with the social milieu of their study communities ahead of finalizing the pro- tocol non-monetary compensation is recommended. What about compensating a participant who injects drugs? The principle of justice posits that study par- ticipants should not be treated differently just be- cause they are vulnerable. On the other hand, there is genuine concern that compensation might influ- ence the voluntariness of participation. While com- pensation for time might not be of big concern in the
  • 9. 99 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW case of people who use drugs oc- casionally, it might be a challenge in the case of people who have a drug addiction. In addition, the type of compensation should be cognizant of the principle of do no harm (if you suspect that they will use the money to buy drugs or if the compensation is so high that it acts as undue inducement to trial participation); however, this does not mean that some participants should be compensated more than others, but rather, that the level of addiction of participants may jus- tify providing cash compensation in some cases and not in others. Another option is to withhold pay- ment in circumstances where risk of harm to certain participants is elevated, and providing it at a lat- er time where these concerns have subsided. Whatever the decision, the type and value/amount of compensation must be identical to all participants in a given site, because providing different types of compensation to different par- ticipants depending on their level of addiction is both unethical and could bias the data or create un- necessary friction between study staff and participants who feel shortchangediftheydonotgetthe type of compensation they prefer. Importantly, investigators should be aware that when enrolling PWID as participants, especially in a prospective study, chances are high that study staff may learn of some criminal behavior a partici- pantmayhaveengagedinorwhere they obtain their drugs. The staff should be trained to remember that they are not working for the police, and should NOT under any circumstances divulge any confi- dential information entrusted to them by the participants or which they bump on to in the course of interacting with these participants – this would make participants lose trust in the study completely. Conclusions: Hidden, yes; socially excluded, yes; less informed, at times; but PWID have a right to be included in studies if researchers ex- pect results to be significant to them. However, they must be ac- corded extra protection. To do so, investigators must collect views from representatives of PWID groups to inform protocol development, including recruitment, wording of consent docu- ments, locating study sites, hiring of recruiters/tracers, and so on. Reference 1. “The Belmont Report.” United States Department of Health and Human Services. N.p., n.d. Web. 22 Oct. 2014. <http://www.hhs.gov/ohrp/humansubjects/guid- ance/belmont.html>. 2. “Federal Policy for the Protection of Human Subjects (‘Common Rule’).” United States Department of Health and Human Services. N.p., n.d. Web. 21 Oct. 2014. <http://www.hhs.gov/ohrp/humansubjects/commonrule/>. 3. “Statement on Ethical Issues for Research Involving In- jecting Drug Users.” National Statement on Ethical Is- sues for Research Involving Injecting/illicit Drug Users. Canberra: Australian Injecting & Illicit Drug Users League, 2003. 12-20. Web.
  • 10. 1010 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW Collaborating with Gay Men, Other Men Who Have Sex with Men, and Transgender Individuals (GMT) Organiza- tions on HIV Prevention, and Care Research in Coastal Kenya Contributors Elise M. Van der Elst,1 Evans Gichuru, 1 Murugi Micheni1, Clifford Duncan2, Ericsson Egesa3, Brian Felix5, Martin Kyana3, Mahmoud Ali Shally 4, Ahmed Mugambi5, Kennedy Mwendwa3, David Ojwang6,7, Ishmael Omumb- wa2,8, Lawrence Wambua8,9, Eduard J. Sanders,1 Susan M. Graham1,10 1) Kenya Medical Research Institute (KEMRI)–Wellcome Trust Research Programme (KWTRP), PO Box 230, Kilifi 80108, Kenya 2) Persons Marginalized and Aggrieved (Pema Kenya) – CBO LGBT organization, Mombasa County 3) HIV/AIDS Peoples Alliance of Kenya (HAPA Kenya) – CBO GMT organization, Mombasa County 4) Amkeni – CBO GMT organization, Kilifi County 5) Advanced Relations Towards Health (ARTH) – CBO GMT organization Mombasa County 6) Nelion – Coast province coordinating GMT organization 7) Tamba Pwani – GMT CBO Kilifi County 8) Gay and Lesbian Coalition Kenya (GALCK)-G-10 9) Usawa Kwa Wote Initiative (UKWELI) Mombasa – CBO GMT organization Kwale County 10) University of Washington I n September 2005, scientists at the KEMRI- Wellcome Trust Research Programme (KWTRP) in Kilifi sought permission from KEMRI’s Ethical Review Committee (ERC) to enrol adult volunteers who reported recent anal sex, with a view of study- ing HIV and sexually transmitted infections (STI) ac- quisition risks in men who have sex with men (MSM) and other at-risk populations. While MSM had long been recognized to exist in Kenya (1, 2), KEMRI’s ERC was the first ethics review board in Kenya to grant scientists permission to enrol MSM in re- search. Since then, over 1,400 MSM have been mo- bilized and screened for HIV-1 infections, and over 1,000 MSM have enrolled in biomedical research studies at the KEMRI research clinic in Mtwapa.   Gay men, other men who have sex with men, and transgender individuals (GMT) were neglected in the early HIV epidemic in Africa, due to stigma, dis- crimination, and even denial of their existence (1). In the past 5-6 years, however, increasing attention has been paid to the high risk of male-male sex glob- ally, including in sub-Saharan Africa (3, 4). In 2011, the World Health Organization (WHO) published its first guidelines on prevention and treatment of HIV and other STI among MSM and transgender people (5). This was a critical step towards the recognition of this population’s special needs. Respect for and protection of human rights is a key principle of this document, which made two important recommen- dations on human rights and non-discrimination in health care settings that bear repeating here: 1. “Legislators and other government authorities should establish antidiscrimination and protec- tive laws, derived from international human rights standards, in order to eliminate discrimination and violence faced by MSM and transgender people, and reduce their vulnerability to infection with HIV, and the impacts of HIV and AIDS. 2. Health services should be made inclusive of MSM and transgender people, based on the principles of medical ethics and the right to health (5).” These principles are carried forward into the new Photo by freedigitalphotos.net
  • 11. 1111 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW WHO guidelines on HIV prevention, diagnosis, treatment and care for key populations (6), and are supported by the Kenya Ministry of Health’s National AIDS and STI Control Programme (7).   KWTRP has established a strategy for commu- nity engagement (CE) to address and minimize so- cial risks for GMT research participants. This strat- egy was developed after an attack on the KEMRI research clinic in February 2010 which specifically targeted this group (8). Before the attack, a commu- nity advisory board (CAB) with representation from at-risk populations and their advocates had been in place, but this CAB did not represent the broader community. The current CE strategy involves not only working with GMT representatives and their advocates, but also mobilising and educating vari- ous stakeholders of the broader Mtwapa community, including religious leaders, health care workers, tra- ditional chiefs, village elders, and government representatives. An- other important component of the current CE strategy is the in- volvement of other at risk popu- lations such as female sex work- ers (FSW) and injection drug users (IDU), in our research, in order to avoid the impression that KEMRI is singling out GMT as a risk group. Ongoing CE efforts aim to ensure an accurate understanding of our research mission and our goals of preventing HIV and improving care for at risk populations in and around Mtwapa.   In light of this mission, KEMRI researchers re- cently consulted relevant GMT organizations in the Coast, including ‘G-10’, a recently established national LGBT coordinating research liaison group under the umbrella of the Gay and Lesbian Coalition of Kenya (GALCK), and Nelion, a coastal coordinat- ing organization for GMT, about the need to plan and discuss new research together. An outcome of this consultation was the formation of a new GMT committee on research in the Coast, called “Utafiti Pwani” (UP). Because of the stigma and discrimina- tion faced by these groups, research involving GMT individuals presents unique challenges in order to ensure participant safety and benefit. With the for- mation of Utafiti Pwani, KEMRI researchers saw an opportunity to learn more about the views of GMT leadership concerning ethical principles and the re- search KEMRI has conducted with GMT individu- als over the past 9 years. We therefore invited the newly formed Utafiti Pwani committee to a meet- ing to discuss the ethical principles of research.   We chose as the focus of our discussion the gen- eral principles of autonomy, beneficence, non-ma- levolence, and justice, as outlined in the Belmont Report and in a recent publication “Respect, Pro- tect and Fulfil” on best practices for conducting re- search with GMT groups in rights-constrained en- vironments (9, 10). During a first meeting between Utafiti Pwani members and KEMRI researchers, these four ethical principles were presented. The five GMT representatives present were asked to share their views and understandings of these principles in an open discussion. Group consent was obtained prior to the meeting, and notes were taken by the four researchers present (MM, EvdE, EG, and EJS). Notes were com- piled and edited after the meet- ing, and the draft manuscript was then presented back to GMT representatives for critical review and comment.   Autonomy was the first principle discussed. Au- tonomy is not a univocal concept, but for the purpose of the discussion, the concept of personal autonomy was discussed and defined as individual self-rule or decision-making that is free from controlling in- terference by others and free from limitation, such as a limited understanding that prevents meaning- ful choice. In connection with this definition, the following elements or conditions were discussed: 1. Competence (the ability to understand) and voluntariness in deciding about research participa- tion. An example was given of persons who are under the influence of drugs or alcohol. This would cause a researcher to determine that the individual lacks (at least temporarily) decision- making capacity. With respect to low education Photo by freedigitalphotos.net
  • 12. 1212 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW levels and literacy rates in the GMT communi- ty on the coast, empowerment was mentioned (“We have the passion to learn”), as well as pro- viding sufficient time – “no rush” – to decide par- ticipation. 2. Accurate information and the right to refuse. GMT representatives referred to the actual information-giving procedures at KEMRI, in- cluding information provided in the reception area, at the drop-in centre, in an informed con- sent video describing ongoing research, and in counselling and clinical sessions. GMT repre- sentatives unanimously felt that autonomy is respected during these processes, although they thought professional behaviour from research staff was important: “The way you handle partici- pants/patients…First impressions matter.” GMT representatives felt that decisions to refuse re- search participation were well respected by the research team. In contrast, it was felt that peer workers who provide information in the field were sometimes “under pressure to recruit” or un- der “pressure to meet research objectives.” It was felt that these peer mobilizers need additional training in providing information. 3. Informed consent and balancing risks and ben- efits. After current informed consent procedures at the KEMRI clinic, it was felt that potential participants were sufficiently informed about the potential benefits and risks of their choice of participation, however, “there are sometimes risks you are not thinking about, they are not in the consent form…” “Risks can come in at a later stage…” It was recognized that participants are allowed to withdraw from research at any time, although some benefits of research could be lost by doing so: “You (as a participant) can pull out of the research anytime, but whoever pulls out of the research, doesn’t realize the free service…[will no longer be provided].” It was stressed that inves- tigators would do well to solicit and incorporate the suggestions of the GMT community and po- tential participants in designing research proto- cols, consent forms, and recruitment strategies. 4. Collaboration, dialogue, and interpersonal trust. Dialogue between researchers and GMT individuals was identified as the most impor- tant component needed to address the issue of autonomy. The importance and value of commu- nication was mentioned throughout the discus- GMT, KEMRI, IAVI, GALCK Consultation meeting on research in coastal Kenya.
  • 13. 1313 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW sion, and was closely inter- twined with truth telling and transparency. In the words of one GMT representative, “It all depends on how open [staff members] are in a given facil- ity…” Communication break- downs between participants and the research team may be traced back to a lack of clar- ity about expectations, which can lead to strong emotional reactions and disagreements. These breakdowns should be remedied by maintaining open lines of communication and by ensuring that expecta- tions of the research team are realistic. 5. Ethical conflicts and co- ercion. As much as an indi- vidual’s voluntary decision of research participation should not be influenced by others or be based on monetary in- centives, GMT individuals may consent to research par- ticipation in large part due to medical or financial need. Medical care was frequently mentioned as a benefit of the KEMRI research clinic: “The treatment given professionally when one presents with a medi- cal problem…” or “I presented myself because I needed medi- cal care…”Another challenge that was brought up as possi- bly coercive was the transport reimbursement provided to participants after attending study visits. This reimburse- ment is perceived by some in the GMT community as “get- ting money for participation.” In the words of a GMT repre- sentative: “GMT are financially restricted, and if you need treat- ment and you don’t have money, it helps when you get 350 shil- lings…” Another reflected “I see transport reimbursement as a way of taking care of your participants…” It was thought that the needs of GMT indi- viduals may sometimes in- terfere with the autonomy of their decision making. Recommendations of the GMT representatives about protecting autonomy were therefore to allow adequate time for decision-mak- ing, ensure accurate information from all levels of staff, obtain in- put from the GMT community to improve understanding, clarify expectations regarding services, and provide options for medical care outside of research protocols.   The next principle discussed was beneficence. The principle of beneficence refers to a moral obligation to act for the benefit of others. This was presented as a promotion of well-being, with the notion that individual risks should be acceptable only if over- all benefits of the research were prevailing. This led to a lively dis- cussion of both direct and indirect benefits of research. GMT repre- sentatives considered a number of research clinic procedures benefi- cial, including medical care, treat- ment, and counselling sessions. The transport reimbursement (currently 350 shillings per sched- uled visit) was also considered a benefit. In contrast, attending the KEMRI clinic, which is known by the community to serve GMT individuals, was considered an important risk by one GMT repre- sentative: “The risk is shame – being insulted, ridiculed and called sho- ga…” by people in the neighbour- hood. Another perceived risk was loss of confidentiality when par- ticular procedures are performed that could potentially identify in- dividualsasHIVinfected.Thelarge blood draw for patients enrolled in the acute HIV infection proto- col was mentioned as a drawback of research participation. How- ever, most GMT representatives felt that risks and benefits were well balanced. Receiving quality medical care, including STI treat- ment, was a benefit outweigh- ing the risks of being recognized for entering a “gay” clinic. GMT representatives also reflected on the empowerment that many of their members had gained over the years that KEMRI’s research with GMT communities has taken place. In addition, GMT represent- atives felt that an indirect benefit came from the public health im- pact of KEMRI’s work to reduce HIV and STI transmission, as well as from sharing research find- ings that can promote the public good. Finally, GMT representa- Photo by freedigitalphotos.net
  • 14. 1414 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW tives felt that training peer educators to provide accurate information on ongoing or new research would help promote accurate knowledge of the risks and benefits of potential research participation.   The ethical principle of non-malevolence was de- scribed as the researchers’ mandate to cause no wil- ful harm, and to ensure the safety of participants at all times. Discussion of this principle highlighted the difficulty of distinguishing intentional malevolent harm from harm that may occur as an unintended but potential risk of research participation. The idea that most research carries some degree of risk, albeit for which necessary contingency measures are in place, was in itself seen as harmful. The example of large blood draws required for some research proto- cols was again given. These blood draws were felt to be distressing and unhealthy, and the harm therein improper. Another example concerned the participa- tion of GMT in a recently KEMRI-made CE film called FacingourFears(11). Some participants felt that pub- lic release of the film could identify GMT individuals andpotentiallycauseharm,eventhoughparticipants in the film provided informed consent. One GMT representative who had been filmed was uncomfort- able with the scene he was in, and requested that it be edited. However, the GMT representatives also felt that facilitated viewing of this film with community stakeholders had contributed to a greater perceived safety of the KEMRI clinic and its environs. Overall, the discussion of non-malevolence was reassuring, with its emphasis on protection by the ethical review process, by emphasizing patient autonomy in deci- sions about participation, and by data protection and confidentiality procedures in ongoing research protocols. The GMT representatives felt that provid- ing accurate information to all potential research participants, detailing potential risks and benefits, and allowing potential participants adequate time to process and fully understand the implications of their involvement would create a more trustful rela- tionship between researchers and GMT individuals.   Justice was the final ethical principle discussed. The principle of justice was presented as one of fair- ness: research should be impartial, should ensure equitable treatment, and should provide benefit to communities. For research to be just, recruitment and inclusion of participants should follow clear and transparent procedures that derive from clear scien- tific objectives. Risks and benefits should be made clear, and should not be unfairly distributed be- tween participants. For example, some GMT repre- sentatives felt that the provision of the same trans- portation reimbursement, regardless of primary residence, was inequitable. Others complained that individuals perceived to have a social connection with clinic staff would sometimes jump the queue. Some felt that staff could be indifferent, unfriendly, or even rude to certain individuals who were more stigmatized than others (for example, transgen- der individuals). A non-research example was the provision of food aid in some local clinics to HIV- positive individuals only. GMT representatives felt that justice went beyond fair treatment of partici- pants or patients, extending to the community from which participants are recruited. To them, justice includes a moral obligation to ensure fair adjudica- tion between competing claims, not only as they relate to research participation, but also in terms of hiring and retention of community members in research-related jobs. In general, the GMT repre- sentatives felt that justice could best be served by: • Promoting policies that advance fairness and safety for the GMT community, including access to research benefits, formal recognition and/or em- ployment of those contributing to research efforts, non-discrimination for all individuals, and protec- tion from violence, harassment and mistreatment; • Expanding the base of support for GMT health rights by forging alliances with oth- er advocacy and human rights groups; and • Implementing and monitoring re- search procedures to ensure that protocols are closely followed and staff are trained in fair and equitable treatment of participants.   Overall,thisdiscussionofethicalprinciplesproved enlighteningforbothresearchersandtheGMTrepre- sentatives who participated. There was considerable appreciation of the need to adequately balance the
  • 15. 1515 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW risks and benefits of research. In addition, we identi- fied a clear need to ensure the provision of accurate information about research, both in the community and at the clinic. We found that there is great value in promoting open communication between GMT organizations and researchers, with an ongoing ex- change of ideas on ethical principles, policies, and human rights. The new Utafiti Pwani committee on GMT research has identified a potential role for itself inconveyingresearchinformationtothecommunity during outreach sessions. In addition, the GMT rep- resentatives serving on this committee expressed interest in further training on research and ethics, and a desire to be included in protocol development from the early stages, in order to help inform re- cruitment, consenting, and monitoring procedures.   This exploration of ethical principles by research- ers and GMT representatives was an important op- portunity to exchange views and learn from each other. Although it was not an in-depth assessment of the GMT representatives’ understanding of research ethics, this meeting and its summary have provided a valuable learning opportunity, both for a newly formed GMT research liaison committee and an ex- perienced research team. In the words of a GMT rep- resentative who participated, “GMT are not special, but we have special needs. Although not yet accepted by the community, we are of the community…We also have our rights.” Researchers should make every effort to keep an open line of communication with commu- nities affected by their research, particularly com- munities that are vulnerable or stigmatized. In addi- tion, representatives of such communities should be empowered to make their voices heard and provide their own unique contributions to improving health and other outcomes. We believe that such efforts will result in greater inclusion, acceptance and re- spect for GMT people — and indeed for all people. Acknowledgements: We thank the International AIDS Vaccine Initiative for supporting our work. The KWTRP at the Centre for Geographical Medicine Research-Kilifi is supported by core funding from the Wellcome Trust (#077092). This study is made possible by the generous support of the American people through the United States Agency for International Development (USAID). This study is also supported by the Uni- versity of Washington Center for AIDS Research (CFAR), an NIH funded program (P30 AI027757), which is supported by the following NIH Institutes and Centers (NIAID, NCI, NIMH, NIDA, NICHD, NHLBI, NCCAM). SMG was supported by NIH grant 1R34MH099946-01. The contents are the re- sponsibility of the study authors and do not necessarily reflect the views of USAID, the NIH, the United States Government, or the Wellcome Trust. This report was published with permission from KEMRI. References 1. Smith AD, Tapsoba P, Peshu N, Sanders EJ, Jaffe HW. Men who have sex with men and HIV/AIDS in sub-Saharan Af- rica. Lancet. 2009;374(9687):416-422. PubMed PMID: 19616840. 2. Kiama W. Where are Kenya’s homosexuals? AIDS analysis Africa. 1999;9(5):9-10. PubMed PMID: 12295088. 3. Beyrer C, Baral SD, van Griensven F, Goodreau SM, Chari- yalertsak S, Wirtz AL, et al. Global epidemiology of HIV infection in men who have sex with men. Lancet. 2012;380(9839):367-377. Pub- Med PMID: 22819660; PubMed Central PMCID: PMC3805037. 4. Sullivan PS, Carballo-Dieguez A, Coates T, Goodreau SM, McGowan I, Sanders EJ, et al. Successes and challenges of HIV preven- tion in men who have sex with men. Lancet. 2012;380(9839):388-399. PubMed PMID: 22819659; PubMed Central PMCID: PMC3670988. 5. World Health Organization. Prevention and Treat- ment of HIV and Other Sexually Transmitted Infections among Men Who Have Sex with Men and Transgender People: Recommenda- tions for a Public Health Approach. Geneva: WHO Press; 2011. 6. World Health Organization. Consolidat- ed Guidelines on HIV Prevention, Diagnosis, Treatment and Care for Key Populations. Geneva: WHO Press; 2014. 7. NationalAIDSandSTIControlProgramme.StrengtheningCommu- nity,Researchers and Funders Partnerships and Coordination on MSM/LGBT ResearchinKenya:ReportofaResearchPartnershipMeetingforMSM/LGBT community, Researchers, and Funders. Nairobi: Government of Kenya; 2014. 8. Nordling L. Homophobia and HIV research: Under siege. Nature. 2014;509(7500):274-275. PubMed PMID: 24828173. 9. Department of Health, Education, and Welfare. The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research. Washington, DC: United States Government; 1979. 10. amfAR, The Foundation for AIDS Research, International AIDS Vaccine Initiative (IAVI), Johns Hopkins University – Center for Public Health and Human Rights (JHU-CPHHR), United Nations De- velopment Program (UNDP). Respect, Protect, Fulfil: Best Practices Guidance in Conducting HIV Research with Gay, Bisexual, and Other Men Who Have Sex with Men (MSM) in Rights-Constrained Environ- ments. New York, NY: International AIDS Vaccine Initiative; 2011. 11. Gichuru E, Sariola S, van der Elst EM, Mugo M, Micheni M, Gra- ham et al. ‘’Facing Our Fears”: Facilitated Film Viewings as a Com- munity Engagement Tool in Research involving MSM in Kenya’. HIV Research for Prevention 2014: AIDS Vaccine, Microbicide and ARV- based Prevention Science (HIV R4P) in Cape Town, South Africa, 2014.
  • 16. 1616 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW SEX WORKERS AS VULNERABLE SUBJECTS IN RESEARCH N ovember 16th 1972 saw the hurried end and closure in Macon County, Alabama of a syph- ilis research program more famously known as The Tuskegee Experiment. Researchers had inten- tionally not treated 600 participants who had syphi- lis despite the fact that penicillin had been discov- ered as a cure and was available. They also withheld information about penicillin and prevented them from accessing syphilis treatments available for the purpose of monitoring and documenting the pro- gression of syphilis in human subjects, all under the guise that they were receiving free health care from the national government. The experiments went on for 40 years before a leak to the media eventually re- sultedinstudyclosure.Thismaybearguablythemost infamous biomedical experiment in US history[1].   While researching the Tuskegee Experiment in 2005, Professor Susan Mokotoff found documents detailing yet another unethical experiment cloaked as research known as the Guatamala experiment. This experiment involved intentionally infecting unknowing subjects with syphilis to test the effect of penicillin in curing syphilis. The records were in- complete but extrapolated data suggests that com- plete treatments were administered to only about 26% of the 1500 study subjects[2]. Dr. John Cutler was involved in both these studies. The research- ers paid sex workers infected with syphilis to have sex with prisoners and some prison guards. Some subjects were infected by directly injecting them with the bacterium and led to believe that it was medicine being injected. The study appears to have ended in 1948 partly due to rumours of the experi- ment going round medical circles and the cost and scarcity of penicillin during the Second World War. This was a dark era in medical research.   Both these experiments did not involve sex work- ers per se but took advantage of vulnerable subjects for the ‘greater good of medical research’. I focused on sex workers as vulnerable subjects in research as shown by these two experiments, their vulner- ability and the ethical considerations that should be taken when conducting research on sex workers. Vulnerability What is vulnerability and what consti- tutes vulnerability in subjects (sex workers)? It is a distinctive precariousness in the condition of the subject: a state of being laid open or espe- cially exposed to something injurious or otherwise undesirable. A vulnerability is, so to speak, an av- enue of attack and in this context, an avenue of at- tack through poorly thought out, planned or mali- cious research. Kenneth Kipnis of the University of Hawaii seperates vulnerability into six general classes under which everything else would fall [3]: Cognitive: Does the subject have the capacity to deliberate about and decide whether or not to participate in the study? Capacity here can take many forms. There have been cases of sex workers signing consent forms though they are illiterate or semi-illiterate thus have no idea what they are consenting to. There are also those that have some level of education but yet not knowledgeable enough to understand the, the risks and the benefits of research and so though literacy would be an advantage, they might still not fully be capable of grasping the research concept. Juridic: Is the subject liable to the authority of others who may have an independent interest in that par- Mariga Wang’ombe Martin Communication student Moi University Sex Workers
  • 17. 1717 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW ticipation? The authority in this case could be the sex worker’s “madams” or “Pimps”, who would have a potential monetary benefit from the al- lowances given to the sex workers. The author- ity could also come with parental authorities or guardians for young sex workers who still live at home or are under the influence of their guardians. Deferential: Is the subject given to patterns of deferential be- havior that may mask an underlying unwillingness to participate? Deference to authority may not be an openly visible cultural diversification trait but in some communities for ex- ample, directness is looked down upon so the subject will not decline directly. There are communities that women see men as figures of author- ity to be obeyed and even out of their cultural context, still remain as they are and thus would never outrightly reveal their hesitance or un- willingness to participate. Medical: Has the subject been selected, in part, because he or she has a serious health-related condition for which there are no satisfactory remedies? An example is the research team studying commercial sex workers’ immunity to HIV through possession of ‘T-Cells.’ They concluded that they could not use less vulner- able subjects to carry out the same research after looking at the alternatives as some of the subjects were infected with HIV which has no known cure. Allocational: Is the subject seriously lacking in important social goods that will be provided as a consequence of his or her participation in research? Poverty makes people particularly vulnerable. Desperation caused by pov- erty could possibly make participants sign off with- out asking too many questions or sign off on research that they know will most probably harm them be- cause they don’t feel like they have anything to lose. Infrastructural: Does the political, organizational, economic, and social context of the research setting possess the in- tegrity and resources needed to manage the study? Studies carried out on commercial sex workers oper- ate within a context. Sex workers are in a particularly sensitive position seeing as the oldest trade in the world is also illegal. Sex workers face a hydra-headed composition of adversities in their day to day lives and thus the study needs to be socially and culturally welcoming and stable. Studies that are poorly funded and which are not well supervised or held responsi- ble tend to be, by history, a disiaster in the making. ETHICAL CONSIDERA- TIONS IN RESEARCH ON SEX WORKERS Benefits   This is perhaps the most visible and spoken of ethi- cal factor that stands out when performing research. UNESCO’s Declaration on Bioethics and Human Rights notes that “Benefits should not constitute improp- er inducements to participate in research.”[4] Pov- erty can be a great factor in inhibiting voluntary consent. It has long been agreed that a reasonable monetary benefit is not payment for or an induce- ment to research but acts as compensation for the time, effort and comfort that the participant sacri- fices to participate in research. On recognizing this comes the challenge of determining what the ben- efits will be, who can meaningfully share in the ben- efits, what motivates participants to take part in re- search and do monetary benefits play a role in their motivation and if so to what extent. Sex workers in Kenya and in other developing countries, are pri- marily in that position because of poverty or other extenuating circumstances and thus if their primary motivation is money, research on them would be unethical as they would be unable to make an ob- jective decision on their participation in research. Legal environment and requirements   Researchers and the research sponsors should Sex workers arrested by authorities in Nairobi
  • 18. 1818 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW comply with the relevant national and international laws and regula- tion regarding research and if pos- sible, specifically regarding HIV- AIDS research. Research involving human subjects is bound by the Declaration of Helsinki,28 and the CIOMS Guidelines.29 These do not have independent legal stand- ing, but comprehensively touch on medical ethics, influencing the formulation of international, regional and national legislation.   UNESCO has issued a variety of Declarations relating to bioethics and human rights, which seem to be written with particular concern to developing countries where a lot of medical research has moved to because of less stringent re- search regulations. They provide guidelines in the formulation of relevant policies. The Human Ge- nome Organisation (HUGO) Eth- ics Committee acknowledges ben- efit sharing as a research principle and apart from promoting ben- efits to the participating commu- nity, they also propose that ben- efits should not be limited to the communities that participated in the research[5]. Kenya has also developed National Guidelines for Research and Development of HIV/AIDS Vaccines to provide a framework for evaluating and developing HIV/AIDS vaccines in the country. The Guidelines provide a collaborative blueprint that enables government and non-governmental organizations to participate in research and de- velopment of the HIV vaccine[6]. Ethical review approval and process   Ethics Review Boards (ERB) are necessary to ensure supervi- sion of research to ensure that it is carried out within the set out bounds. The committees carry out approval of planned research, can review the research as it is going on and can intervene if ethical regulations are being flouted. For organizations carrying out inter- national research, international guidelines dictate that approval should be sought from the ERB in the country where the researcher is based and the country where the research is going to take place. The ERBs must clearly be identified by the researchers in their documen- tation and if approval will not be given by both boards then a satis- factory reason must be provided. Informed consent / assent  Emerging economies have started acknowledging the par- ticular vulnerability that their citizens have due to their current economic or cultural position and thus have developed standards against which consent can be held to be valid or invalid. Standard procedures may be slightly modi- fied to meet the social and cultural variations in the community but informed consent must be strictly adhered to in all this[7]. The prin- ciples of informed consent- au- tonomy, justice and beneficence should be documented in written form and followed for account- ability. In the case of sex workers, it should be clearly acknowledged and outlined that they are a vul- nerable population and the neces- sary steps taken to ensure adher- ence to the principles of informed consent e.g. Interviewing them to ascertain their motivation for par- ticipation in the research process. The potential benefits should be presented in a balanced and ob- jective manner. The sex workers should be made aware of the actual and potential risks that they face, whether short-term or long-term.    The sex workers should also be provided with alternatives in case they don’t want to partici- pate in the research e.g. other re- search programs or other treat- ments that they could pursue.   Sex work is an ethical discus- sion that reverberates interna- tionally but the recognition of sex work as an occupation would help researchers carry out re- search in an ethical and respon- sible manner. The Hippocratic Oath would also help when fac- ing conundrums- Do No Harm - seems to succinctly sum up how to run biomedical research. 1. Fred, Gray D. “The Tuskegee Syphilis Study.” N.p. Web. 22 Oct. 2014. <http%3A%2F%2Fwww.history.ucsb.edu% 2Ffaculty%2Fmarcuse%2Fclasses%2F33d%2Fproje%2Fmedic ine%2FThe%2520Tuskegee%2520Syphilis%2520Study.htm>. 2. Macklin R. Double Standards in Medical Research in De- veloping Countries (Cambridge:Cambridge University Press, 2004). 3. Kipnis, Kenneth. “Vulnerabilityin Research Subjects: A Bioethi- calTaxonomy.”RESEARCHSUBJECTS:ABIOETHICAL(n.d.):n.pag.Uni- versityofHawaiiatManoa.Web.22Oct.2014.<http://www.aapcho.org/wp/ wp-content/uploads/2012/02/Kipnis-VulnerabilityinResearchSubjects.pdf>. 4. UNESCO. “Article 8.” Universal Declaration on Bio- ethics and Human Rights. Paris: UNESCO, 2006. N. pag. Web. <http://unesdoc.unesco.org/images/0014/001461/146180E.pdf>. 5. HUGO Ethics Commit- tee. Statement on Benefit-Sharing, April 9 2000. 6. Ministry of Health. Kenya National Guidelines for Re- search and Development of HIV/AIDSVaccines, March 2005. 7. Fawkes, Janelle. 2005b. ‘Community and Research Partnerships - Improving CommunityEngagement and Productive Research Outcomes for SexWorkerCommunities’.PanPacificRegionalHIV/AIDSConference2005 ConferenceHandbookandAbstracts1:94.Auckland:NewZealandFoundation Photo by freedigitalphotos.net
  • 19. 1919 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW Case challenge- Impact of civil war on health systems   Effective control of malaria is heavily de- pendent on a functioning health care system (i.e. drug distribution, information systems, and preventive, curative, and referral sys- tems). In some of the countries in greatest need of malaria control, however, armed con- flict has severely disrupted the structure of their health systems by putting strain on re- sources and increasing the burden of disease.   A group of researchers from the health min- istry of a sub- Saharan African country de- cide to study the impact of armed conflict on their country’s health system, in the hope of identifying interventions that can strengthen health systems in time of war. They decide to collect data from two groups. One group will include those who are most likely to be vul- nerable to disease outbreaks during armed conflict, namely, internally displaced people (IDPs) and members of the host communities in which they live. The second group includes key leaders and stakeholders responsible to and for these host communities, such as poli- cymakers, representatives of aid agencies, and officials in charge of health care and of IDP camps. Data from the first group (i.e. vulner- able people) will be collected through focus group discussions while data from the second group (i.e. leaders and stakeholders) will be obtained through semi structured interviews. In order to “purposively select ID camps and communities that best reflect the reality of the district conflict setting”, the IDP camps and communities will be selected by district officials. Focus group participants will be re- cruited by self-appointed community leaders.   At the end of the study, the researchers plan to hold a 2-dayworkshop for leaders and officials in charge of health care in each community to present the results. These of- ficials will then be responsible for dissemi- nating the findings to study participants and other members of each community through public meetings. No compensation will be provided to the research participants. Questions 1. Is it appropriate for community leaders to be responsible for recruitment of partici- pants from a vulnerable population, in this case an internally displaced population? 2. How much is owed to the participants in terms of dissemination of results? If the researchers do not directly convey the findings to participants, is it their respon- sibility to ensure that health care leader- saccurately convey them to participants? 3. Should there be ethical con- cerns about including both IDPs and members of the host community in the same group? Why or why not? Adapted from the case book on ethical issues in international health research, Case 41, pg 133 The first three respondents in will receive a prize. The first correct response will also receive a prize. Answers should be submitted to ddrt@kemri.org
  • 20. 2020 Volume IV Issue III July-September 2014 KEMRIBIOETHICSREVIEWKEMRIBIOETHICSREVIEW Announcement Transition to S.E.R.U Review The Kenya Medical Research Institute wishes to inform all researchers that Scientific Ethics Review Unit (SERU) will initiate multiple committees for a joint science and ethics review beginning 1st November 2014 Consequently you are advised to submit five copies of the following documents directly to S.E.R.U and not SSC or ERC from 1st November: • Amendments • Notifications • Protocol deviations or violations • Severe Adverse Events (SAE) • Submission of investigators brochures • Continuing review requests(CRR) • Study closeout reports Note that all new protocols must be submitted to SSC for review and subsequent forwarding to ERC upon approval All new protocols with animal use must be submitted to Both SSC and ACUC as was previously done Template documents to be used for submission will be uploaded on the KEMRI website at www.kemri.org/index. php/research-commitees/research-commitees/seru Call for Logo suggestion The new KEMRI Science and Ethics Reviw Unit (SERU) The ADILI Task force is requesting logo suggestion for the KEMRI Scien- tific and Ethics Review Unit (SERU). Submission is open to all KEMRI staff members. Please consider the unit functions in creating the logo. The staff member with the winning logo will be acknowledged and re- warded for the innovation Kindly submit your logo in suit- able format(JPEG) to Office of the Deputy Director Research and Train- ing through ddrt@kemri.org by 10th November 2014.