E/CN.4/2005/85/Add.4 page 14 IV. FOREIGNERS IN PERU 49. The Department of Migration and Naturalization (DIGEMIN), which answers to the Ministry of the Interior, is the administrative body “with responsibility for the administration, coordination and monitoring of the migration of nationals and aliens; it issues ordinary passports and safe conducts and issues naturalization cards in accordance with the law and government policy”.21 It has its headquarters in Lima and has 13 migration offices in the border points under heaviest pressure from migrants. 50. The Aliens Act22 establishes that a visa is the permit attesting to migrant status granted by the Department of Migration and Naturalization to an alien for admission, stay or residence in Peruvian territory. A temporary visa allows admission and residence for up to 90 days and may be extended, while a resident’s visa permits one year’s residence and may also be extended. Aliens resident for a minimum of two consecutive years may apply for naturalization as Peruvian citizens.23 Aliens in an irregular administrative situation on Peruvian territory are expelled from the country under the expulsion procedure of articles 64 to 66 of the Aliens Act and the provisions of Ministerial Decision No. 548-95-IN. 51. Peruvian legislation on labour immigration is fairly flexible and encourages the hiring of foreign workers, particularly in medium-sized and large companies. Under the Hiring of Foreign Workers Act of 4 November 1991, up to 20 per cent of the total staff of national or foreign companies may be foreign, but the sum of these workers’ salaries may not exceed 30 per cent of the firm’s total wage bill, although exceptions to these restrictions are permitted in some categories (arts. 4 and 6). Situation of foreigners deprived of liberty 52. According to statistical information provided by the National Penitentiary Institute (INPE), there were 764 foreign prisoners in Peru in August 2004, representing 2.3 per cent of the total prison population. Although the percentage of foreign prisoners remained constant in relation to the national prison population, in real terms the number of foreigners in prison has increased considerably compared with previous years.24 The Institute has built a new wing for foreign prisoners and provided new places in some prisons. At the initiative of the Institute, the Ministry of Foreign Affairs contacted the consuls of countries with nationals deprived of liberty in order to establish a channel for dialogue and coordination on behalf of this group of persons. 53. The statistics provided show up to 60 different nationalities among the foreign prison population, the majority of whom are Spaniards, followed by Colombians and Ecuadorians, nearly all of them charged with or convicted of illicit drug trafficking (arts. 296 and 297 of the Criminal Code). The Ombudsman’s Office and some NGOs expressed concern to the Special Rapporteur about the situation of this group. The Special Rapporteur observed the following serious problems in the prisons visited. 54. Foreign prisoners of both sexes reported serious inadequacies in the health services provided, inadequate medical care and a lack of medicines and health equipment. It is claimed that the lack of medicines and health personnel has contributed to the development of infectious