78. State must ensure protection and free movement for all people living in the Maldives. No state institution or individuals should restrict freedom of movement within the country or abroad except by restrictions imposed by law. State must cease to withhold the passports of migrant workers for the intention of safe keeping, as this is a grave systematic violation, restricting the freedom of movement of migrant workers. Article 14: Equality before the Law & Article 26: Legal Protection of the Law 79. The present Constitution guarantees an independent judiciary in the Maldives and is crucial for maintaining equality before law and providing legal protection of the law. However, due to shortfalls in the system, the judiciary as a whole is often questionable at various grounds. System gaps include important laws, regulations and procedures necessary to establish permanent courts with the means to carry out their functions effectively being not in place; courts are not provided with sufficient and trained judges and adequate resources to handle the prosecutions of the ever‐increasing amount of cases submitted to them; some of the judges, prosecutors and lawyers are criticized of being found incompetent in fulfilling the crucial role of providing a fair and just trial. 80. International Commission of Jurists (ICJ), in their report Maldives: Securing an Independent Judiciary in a Time of Transition, has made a number of recommendations to build the competency of the judiciary. 81. It is noteworthy that a UNDP project named Access to Justice is being carried out from June 2011 till end of 2013, aimed at strengthening the capacity of justice sector, with a particular focus on applying the human rights based approach to enable equitable access to justice.34A huge reform in the justice sector is needed to bring the necessary changes and to strengthen the judiciary, giving importance to specific areas of issues, as highlighted in the ICJ Report, in order to provide the public with fair and impartial judgments. 82. The State should implement the recommendations given by International Commission of Jurists (ICJ) in its report Maldives: Securing an Independent Judiciary in a Time of Transition Pending Important Legislation 83. One of the core factors affecting the delivery of justice fairly and efficiently by judges and magistrates is the pending of important legislations in the parliament. Penal Code as well as Chapter: Article 14: Equality before the Law & Article 26: Legal Protection of the Law Independence of Judiciary 40