East African vigangos: Difficulties American Museums Encounter in returning these sacred items (Tom Mashberg for The New York Times)

From the Denver Museum of Nature
& Science via The New York Times:
three totem poles (vigangos)

Tom Mashberg for The New York Times in "Sending Artworks Home but to Whom? Denver Museum to Return Totems to Kenyan Museum" (January 3, 2014) points out the difficulty American museums have in returning the East African memorial totems known as vigango:

Now, the Denver Museum of Nature and Science says it has devised a way to return the 30 vigango it received as donations in 1990 from two Hollywood collectors, the actor Gene Hackman and the film producer Art Linson. The approach, museum officials say, balances the institution’s need to safeguard its collection and meet its fiduciary duties to benefactors and the public with the growing imperative to give sanctified objects back to tribal people. 

“The process is often complicated, expensive and never straightforward,” said Chip Colwell-Chanthaphonh, the museum’s curator of anthropology. “But just because a museum is not legally required to return cultural property does not mean it lacks an ethical obligation to do so.” 

The museum this month will deliver its 30 vigango (pronounced vee-GON-go; the singular form is kigango) to the National Museums of Kenya. Officials there will choose whether to display the objects, hunt through the nation’s hinterlands for their true owners and original sites, or allow them to decay slowly and ceremoniously, as was intended by their consecrators. Whatever they opt to do, Kenyan officials say, sovereignty over the objects should be theirs and not in the hands of foreign museums. (The details of the transfer are still being negotiated.) 

Some 20 institutions in the United States own about 400 of the totems, according to Monica L. Udvardy, a professor of anthropology at the University of Kentucky and an expert on Kenyan culture who has studied and tracked vigango for 30 years. She said that Kenyans believe that vigango are invested with divine powers and should never have been removed from their sites and treated as global art commodities. Kenyan officials have made constant pleas to have the objects sent back.

But repatriating them takes far more than addressing a parcel. No federal or international laws prevent Americans from owning the totems, while Kenyan law does not forbid their sale. And the Kenyan government says that finding which village or family consecrated a specific kigango is arduous, given that many were taken more than 30 years ago and that agricultural smallholders in Kenya are often nomadic. 

A result is that museum trustees seeking legally to relinquish, or deaccession, their vigango have no rightful owners to hand them to.