An examination of the similarities & differences between Yale University’s dispute with Peru & other recent high profile restitution cases.
New York Times 
By ARTHUR LUBOW
Published: June 24, 2007
The stones at Machu Picchu seem almost alive. They may be alive, if you credit the religious beliefs of the ruler Pachacuti Yupanqui, whose subjects in the early 15th century constructed the granite Inca complex, high above a curling river and nestled among jagged green peaks. To honor the spirits that take form as mountains, the Inca stoneworkers carved rock outcrops to replicate their shapes. Doorways and windows of sublimely precise masonry frame exquisite views. But this extraordinary marriage of setting and architecture only partly explains the fame of Machu Picchu today. Just as important is the romantic history, both of the people who built it in this remote place and of the explorer who brought it to the attention of the world. The Inca succumbed to Spanish conquest in the 16th century; and the explorer Hiram Bingham III, whose long life lasted almost as many years as the Inca empire, died in 1956. Like the stones of Machu Picchu, however, the voices of the Inca ruler and the American explorer continue to resonate.
Imposingly tall and strong-minded, Bingham was the grandson of a famous missionary who took Christianity to the Hawaiian islanders. In his efforts to locate lost places of legend, the younger Bingham proved to be as resourceful. Bolstered by the fortune of his wife, who was a Tiffany heiress, and a faculty position at Yale University, where he taught South American history, Bingham traveled to Peru in 1911 in hopes of finding Vilcabamba, the redoubt in the Andean highlands where the last Inca resistance forces retreated from the Spanish conquerors. Instead he stumbled upon Machu Picchu. With the joint support of Yale and the National Geographic Society, Bingham returned twice to conduct archeological digs in Peru. In 1912, he and his team excavated Machu Picchu and shipped nearly 5,000 artifacts back to Yale. Two years later, he staged a final expedition to explore sites near Machu Picchu in the Sacred Valley.
If you have visited Machu Picchu, you will probably find Bingham’s excavated artifacts at the Yale Peabody Museum in New Haven to be a bit of a letdown. Mostly, the pieces are bones, in varying stages of decomposition, or pots, many of them in fragments. Unsurpassed as stonemasons, engineers and architects, the Incas thought more prosaically when it came to ceramics. Leaving aside unfair comparisons to the jaw-dropping Machu Picchu site itself, the pottery of the Inca, even when intact, lacks the drama and artistry of the ceramics of earlier civilizations of Peru like the Moche and Nazca. Everyone agrees that the Machu Picchu artifacts at Yale are modest in appearance. That has not prevented, however, a bare-knuckled disagreement from developing over their rightful ownership. Peru says the Bingham objects were sent to Yale on loan and their return is long overdue. Yale demurs.
In many ways, the dispute between Yale and Peru is unlike the headline-making investigations that have impelled the Metropolitan Museum in New York, the Getty Museum in Los Angeles and the Museum of Fine Arts in Boston to repatriate ancient artifacts to their countries of origin. It does not revolve around criminal allegations of surreptitious tomb-raiding and black-market antiquities deals. But if the circumstances are unique, the background sentiments are not. Other countries as well as Peru are demanding the recovery of cultural treasures removed by more powerful nations many years ago. The Greeks want the Parthenon marbles returned to Athens from the British Museum; the Egyptians want the same museum to surrender the Rosetta Stone and, on top of that, seek to spirit away the bust of Nefertiti from the Egyptian Museum in Berlin. Where might it all end? One clue comes in a sweeping request from China. As a way of combating plunder of the present as well as the past, the Chinese government has asked the United States to ban the import of all Chinese art objects made before 1911. The State Department has been reviewing the Chinese request for more than two years.
The movement for the repatriation of “cultural patrimony” by nations whose ancient past is typically more glorious than their recent history provides the framework for the dispute between Peru and Yale. To the scholars and administrators of Yale, the bones, ceramics and metalwork are best conserved at the university, where ongoing research is gleaning new knowledge of the civilization at Machu Picchu under the Inca. Outside Yale, most everyone I talked to wants the collection to go back to Peru, but many of them are far from disinterested arbiters. In the end, if the case winds up in the United States courts, its disposition may be determined by narrowly legalistic interpretations of specific Peruvian laws and proclamations. Yet the passions that ignite it are part of a broad global phenomenon. “My opinion reflects the opinion of most Peruvians,” Hilda Vidal, a curator at the National Museum of Archaeology, Anthropology and History of Peru in Lima, told me. “In general, anything that is patrimony of the cultures of the world, whether in museums in Asia or Europe or the United States, came to be there during the times when our governments were weak and the laws were weak, or during the Roman conquest or our conquest by the Spanish. Now that the world is more civilized, these countries should reflect on this issue. It saddens us Peruvians to go to museums abroad and see a Paracas textile. I am hopeful that in the future all the cultural patrimony of the world will return to its country of origin.” Behind her words, I could imagine a gigantic sucking whoosh, as the display cases in the British Museum, the Smithsonian, the Louvre and the other great universal museums of the world were cleansed of their contents, leaving behind the clattering of a few Wedgwood bowls and SÃ¨vres teacups.
Richard Burger’s office at Yale is dowdily decorated with modern Peruvian handicrafts, sculptures and fabrics. Although Burger, a professor of anthropology, has devoted his professional career to Peruvian archaeology, everything he excavates remains in Peru, as required by law. With his wife, Lucy Salazar, a native of Lima whom he met while she was studying archaeology at San Marcos University there, Burger organized an exhibition, “Machu Picchu: Unveiling the Mystery of the Incas,” which, in 2003 and 2004, toured the United States and displayed many of the objects that Bingham sent back to Yale.
When Burger and Salazar came to Yale in 1981, most of the Inca artifacts were in storage. “We didn’t know if the collection would support an exhibition,” Burger told me. “It was scattered in different rooms of the Peabody. There had been fires and floods. Some of it desperately needed conservation work — it was deteriorating because it wasn’t climate-controlled.” Their notion was to create an exhibition in cooperation with the government of Peru, a prospect that the Peruvian tourist authority greeted with enthusiasm but no financing. Since Yale would provide only seed money, they had to come up with financing — slightly more than $1 million — to conserve the objects and bankroll the exhibition.
Never relinquishing hope that Peru might be a sponsor of the show, they were encouraged by a change of administration. The authoritarian Alberto Fujimori regime fell in a human rights and corruption scandal in 2000; following a brief transitional government, Alejandro Toledo was elected in 2001 as the first ethnically indigenous president of the country. Toledo has an inspiring personal story. Growing up as an impoverished shoeshine boy in a small town, he caught the eye of a Peace Corps volunteer, who arranged to have him study in California at the University of San Francisco. Toledo went on to do graduate work at Stanford University, where he met his future wife: Eliane Karp, a French-born student of anthropology and linguistics who was preparing a Ph.D. dissertation on the Latin American indigenous-culture movement and its relationship to Europe in the early 20th century. A gifted linguist, she speaks the native Andean language of Quechua. (Her husband does not.) At the suggestion of a friend who was advising the Toledo campaign, Burger and Salazar met with Karp-Toledo in her temporary office in August 2001, just after the new administration took power. The meeting went well. “We were very optimistic,” Burger told me. “This is a guy with a degree from Stanford, and his wife speaks Quechua and is interested in anthropology. We thought maybe Yale and Peru could have an educational initiative together.” Karp-Toledo told them she would like to learn more.
“She said, ‘Send me a proposal, not to my office but to my house, and I’ll show it to my husband,’ ” Salazar recalled.
“So we wrote up a proposal that involved an educational mission,” Burger said. “We sent it to them. When we went to Peru the following year, they said, ‘Why don’t we meet in the palace?’ ”